ACIT, C.C., Dhanbad V. M/S Bihari Lal Choudhary Fabrics Pvt. Ltd., Dhanbad

ITSSA 133/RAN/2019

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 4205 (ITAT-RANCHI)
• Duration Of Justice: 2 year(s) 6 month(s) 26 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 24-05-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 28-10-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 250; 254(2)

Judgement Text

आयकर अपीलȣय अͬधकरण, “रांची“ Ûयायपीठ रांची IN THE INCOME TAX APPELLATE TRIBUNAL “RANCHI” BENCH, RANCHI (Heard from Kolkata Benches through web-based video conferencing platform) ] ] BEFORE SHRI RAJPAL YADAV, VICE PRESIDENT AND SHRI MANISH BORAD, ACCOUNTANT MEMBER I.T(SS)A. No. 133/Ran/2019 Assessment Year: 2010-11 Assistant Commissioner of Income Tax, Central Circle, Dhanbad Vs M/s. Bihari Lal Choudhary Fabrics Pvt. Ltd. 2 nd Floor, Shree Shyam Bhawan, Bank More, Dhanbad Jharkhand – 826001 PAN: AACCB4088J अपीलाथȸ/ (Appellant) Ĥ× यथȸ/ (Respondent) Assessee by : None Revenue by : Shri N.K. Khalkho, Sr. D/R स ु नवाई कȧ तारȣख/Date of Hearing : 11/05/2022 घोषणा कȧ तारȣख /Date of Pronouncement : 25/05/2022 आदेश/O R D E R PER RAJPAL YADAV, VICE PRESIDENT : The present appeal is directed at the instance of the revenue against the order of the learned Commissioner of Income Tax (Appeals) – 3, Patna, dated 13/08/2019, passed under Section 250 of the Income Tax Act, 1961 (in short “the Act”), for Assessment Year 2010-11. 2. The assessee has filed an application that it has settled the dispute with the Department in Assessment Year 2010-11 in Vivad Se Vishwas Scheme, 2020. He filed copies of declaration in Form No. 3 as well as acceptance of its claim by the revenue exhibited in Form No. 5. On the strength of these details it has been pleaded by the assessee that the appeal of the revenue be dismissed as not maintainable. 3. On the other hand, the ld. D/R, was not able to controvert these factual submission. It is the revenue who ought to have applied for withdrawal of its appeal after resolution of the dispute under the Vivad Se I.T(SS)A. No. 133/Ran/2019 Assessment Year: 2010-11 M/s. Bihari Lal Choudhary Fabrics Pvt. Ltd. 2 Vishwas Scheme. Form No. 5 was issued on 24/12/2020, but the revenue failed to submit any application. Therefore, after placing reliance on the documents submitted by the assessee, we dismiss this appeal on the ground that the dispute has been resolved under the Vivad Se Vishwas Scheme. However, on re-verification if it emerges out that there is some inaccuracy in the details submitted by the assessee then revenue will be at liberty to apply for recall of this order. This application should be filed in the time period provided in Section 254(2) of the Act. 4. With the above observation, the appeal of the revenue is dismissed. Order pronounced in the Court on 25 th May, 2022 at Kolkata. Sd/- Sd/- (MANISH BORAD) (RAJPAL YADAV) ACCOUNTANT MEMBER VICE-PRESIDENT Kolkata, Dated 25/05/2022 *SC SrPs आदेश कȧ ĤǓतͧलͪप अĒेͪषत/Copy of the Order forwarded to : 1. अपीलाथȸ / The Appellant 2. Ĥ×यथȸ / The Respondent. 3. संबंͬधत आयकर आय ु Èत / Concerned Pr. CIT 4. आयकर आय ु Èत)अपील (/ The CIT(A)- 5. ͪवभागीय ĤǓतǓनͬध आयकर अपीलȣय अͬधकरण,Ranchi/DR,ITAT, Ranchi 6. गाड[ फाईल /Guard file. आदेशान ु सार/ BY ORDER, TRUE COPY Assistant Registrar आयकर अपीलȣय अͬधकरण ITAT, Ranchi