ACIT-CENTRALCIRCLE-2, PATNA V. M/S KANIKA BUILDCON PVT LTD, PATNA

ITSSA 2/PAT/2020

AI Insights

The case involved an appeal by the Assistant Commissioner of Income Tax, Central Circle-2, Patna against M/s. Kanika Buildcon Pvt. Ltd., concerning the assessment year 2012-13. The appeal was directed against the order of the Commissioner of Income Tax (Appeals)-3, Patna dated 20.11.2019. However, during the proceedings, the assessee informed the tribunal that the dispute had been settled under the Direct Tax Vivad Se Vishwas Act, 2020. The assessee submitted a certificate in Form 5, indicating a full and final settlement of the tax arrears. The Departmental Representative did not object to this settlement. Consequently, the tribunal dismissed the appeal as withdrawn, acknowledging the settlement under the aforementioned Act.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 299782 (ITAT-PATNA)
• Duration Of Justice: 2 year(s) 10 month(s) 13 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 15-12-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 14-12-2022
• Assessment Year: 2012-2013
• Appeal Filed On: 02-02-2020
• Laws Referred To: Direct Tax Vivad Se Vishwas Act, 2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 6; 5(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “PATNA” BENCH, PATNA [THROUGH VIRTUAL COURT] BEFORE SHRI SONJOY SARMA, HON’BLE JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, HON’BLE ACCOUNTANT MEMBER IT(SS)A No.2/Pat/2020 Assessment Year: 2012-13 ACIT, Central Circle-2, Patna Vs. M/s. Kanika Buildcon Pvt. Ltd. 203, N.P. Centre, New Dak Bunglow Road, Patna- 800001. PAN: AACCK 6477 G (Appellant) (Respondent) Present for: Assessee by : Shri Shubham Khandelia, AR Revenue by : Shri Rupesh Agrawal, Sr. DR Date of Hearing : 15.12.2022 Date of Pronouncement : 16.12.2022 O R D E R PER SONJOY SARMA, JM: This appeal filed by the revenue is directed against the order of ld. Commissioner of Income Tax (Appeals)-3, Patna dated 20.11.2019. 2. In this case, the Authorised Representative of the assessee has moved an application informing us that the appeal has been settled under the Direct Tax Vivad Se Vishwas Act, 2020. The assessee has duly filed the copy of the certificate in Form 5 for full and final settlement of tax arrear under section 5(2) read with section 6 of the Direct Tax Vivad Se Vishwas Act, 2020. ITA No.2/PAT/2020 M/s. Kanika Buildcon Pvt. Ltd. A.Y. 2012-13 2 3. Per contra, the ld. DR did not have any objection in this regard. 4. Keeping in view these facts and circumstances of the case including especially the fact that the assessee has duly complied with the necessary requirements under Vivad Se Vishwas Scheme, 2020, the permission as sought by the assessee is granted and the appeal of the revenue is dismissed as withdrawn. 5. In the result, the appeal of the revenue is dismissed as withdrawn. Order pronounced in the open court on 16.12.2022. Sd/- Sd/- (GIRISH AGRAWAL) (SONJOY SARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER Kolkata, Dated:16.12.2022. Biswajit, Sr. P.S. Copy to: 1. The Appellant: ACIT, Central Circle-2, Patna 2. The Respondent: M/s. Kanika Buildcon Pvt. Ltd. 3. The CIT, Concerned, Patna 4. The CIT (A) Concerned, Patna 5. The DR Concerned Bench //True Copy// [ By Order Assistant Registrar ITAT, Kolkata Benches, Kolkata