M/s. Prakash Industries, Kanpur V. Deputy Commissioner of Income Tax, CC-II, Kanpur

ITSSA 145/LKW/2020

• Counselvise Citation: [NaN] 107 COUNSELVISE.COM (IT) 1819 (ITAT-LUCKNOW)
• Duration Of Justice: 2 year(s) 3 month(s) 18 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 01-06-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2016-2017
• Appeal Filed On: 14-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: SHEELA CHOPRA
• Section: 6; 5(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH “A”, LUCKNOW BEFORE SHRI A.D JAIN, VICE PRESIDENT AND SHRI T.S. KAPOOR, ACCOUNTANT MEMBER IT(SS)A Nos. 144 to 146/Lkw/2020 A.Ys. 2015-16, 2016-17 & 2017-18 DCIT, Central Circle-II, Kanpur- 208002 Vs. M/s Prakash Industries, 51/5, Ramganj, Nayaganj, Kanpur - 208001 PAN- AAJFP 8017H (Respondent) (Appellant) Shri Rakesh Garg, Advocate Assessee by Smt. Sheela Chopra, CIT (DR) Revenue by 01/06/2022 Date of hearing 01/06/2022 Date of pronouncement O R D E R PER BENCH: These appeals have been filed by the assessee against the separate orders of the ld. CIT(A)-IV, Kanpur all dated 28.11.2019 pertaining to A.Ys. 2015- 16, 2016-17 and 2017-18. 2. During the course of hearing, the ld. counsel for the assessee submitted that the assessee has opted for Vivad Se Viswas Scheme and Income Tax Department has passed Order in Form No.5 on 03.11.2021 for AY 2015-16 and on 28.09.2021 for AYs 2016-17 & 2017-18 under Vivad Se Vishwas Scheme. The assessee has filed the copy of Form No.5, i.e., the order of the PCIT-1, Kanpur for full and final settlement of tax arrears under section 5(2) read with section 6 of the DTVSVA, 2020. The assessee has also filed the copies of Form No.3, i.e., Form for certificates under sub section (1) of Section 5 of the DTVSA, 2020. It was contended that since the assessee has opted for Vivad Se Viswas 2 Scheme and tax payable on the assessee appeals has been deposited and order for final settlement of tax arrears has been passed by the designated authority, therefore, the appeals filed by the assessee may be dismissed as withdrawn. The ld. D.R. has no objection. Accordingly, since the order has been passed by the PCIT-1, Kanpur for full and final settlement of tax arrears under section 5(2) read with section 6 of the DTVSVA, 2020, for A.Ys. 2015-16, 2016-17 and 2017- 18, the appeals of the assessee are ordered to be dismissed as withdrawn. 3. In the result, all the appeals of the assessee are dismissed. (Order pronounced in the open court on 01/06/2022) Sd/- Sd/- (T.S. Kapoor) (A.D. Jain) Accountant Member Vice President Aks – Dtd. 01/06/2022 Copy of order forwarded to: (1) The appellant (2) The respondent (3) Commissioner (4) CIT(A) (5) Departmental Representative (6) Guard File Assistant Registrar