Deputy Commissioner of Income Tax, Central Circle-2, Kanpur V. Shri Vivek Kumar Agarwal, Kanpur

MA 58/LKW/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7193 (ITAT-LUCKNOW)
• Duration Of Justice: 1 year(s) 3 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 13-12-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: P K KAPOOR
• Keywords: Tax effect
• Section: 5(2); 201; 6

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH B, LUCKNOW BEFORE SHRI. A. D. JAIN, VICE PRESIDENT AND SHRI T. S. KAPOOR, ACCOUNTANT MEMBER M.A. NO. 58 /LKW/201 9 [IN ITA NO.188/LKW/2019] ASSESSMENT YEAR: 201 4 - 15 DY. CIT CENTRAL CIRCLE 2 KANPUR V. SHRI VIVEK KUMAR AGARWAL 128/568, K BLOCK, KIDWAI NAGAR KANPUR TAN/PAN: AEFPA7351B (APP LIC ANT) (RESPONDENT) APP LIC ANT BY: SHRI AJAY KUMAR, D.R. RESPONDENT BY: SHRI P.K. KAPOOR, C.A. DATE OF HEARING: 26 03 20 2 1 DATE OF PRONOUNCEMENT: 26 03 20 2 1 O R D E R PER A. D. JAIN, V.P.: THE REVENUE HAS FILED THIS MISCELLANEOUS APPLICATION FOR RECALLING THE ORDER DATED 22.8.2019 PASSED BY THIS BENCH OF THE TRIBUNAL, DISMISSING THE APPEAL FILED BY THE REVENUE IN ITA NO.188/LKW/2019, ON LOW TAX EFFECT. 2. DURING THE COURSE OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE FILED AN APPLICATION DATED 25.3.2021 STATING THEREIN THAT THE ASSESSEE HAD OPTED FOR SETTLEMENT OF DISPUTED TAX INVOLVED IN THE AFORESAID APPEAL UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 [DTVSVA,2020]. THE LD. COUNSEL FOR THE ASSESSEE HAS ALSO FURNISHED THE COPY OF THE CERTIFICATE IN FORM NO.3, I.E., FORM FOR CERTIFICATE UNDER SUB-SECTION (1) OF SECTION 5 OF THE DTVSVA, 2020, ISSUED BY THE PR. CIT (CENTRAL), KANPUR AND FORM NO.5, I.E. THE ORDER FOR FULL AND FINAL SETTLEMENT OF TAX ARREAR UNDER SECTION 5(2) READ WITH SECTION 6 OF THE DTVSVA, 2020. PAGE 2 OF 2 3. AS PER SECTION 4(2) OF THE DTVSVA, 2020, UPON FILING THE DECLARATION, ANY APPEAL PENDING BEFORE THE ITAT OR THE LD. CIT(A), IN RESPECT OF THE DISPUTED INCOME OR DISPUTED INTEREST OR DISPUTED PENALTY OR DISPUTED FEE AND TAX ARREAR, SHALL BE DEEMED TO HAVE BEEN WITHDRAWN FROM THE DATE ON WHICH CERTIFICATE UNDER SUB- SECTION (1) OF SECTION 5 IS ISSUED BY THE DESIGNATED AUTHORITY. 4. IN THE PRESENT CASE, SINCE FORM NOS. 3 AND 5 STAND ISSUED, COPIES WHEREOF HAVE BEEN PLACED BEFORE US, THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE DOES NOT SURVIVE AND IT IS TO BE TREATED AS DEEMED TO HAVE BEEN WITHDRAWN. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE REVENUE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 26/03/2021. SD/ - SD/ - [T. S. KAPOOR] [A. D. JAIN] ACCOUNTANT MEMBER VICE PRESIDENT DATED: 26/03/2021 JJ:2603 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR