KUMAR SUNRISE JEWELLERS,RAYAGADA vs. ITO, RAYAGADA WARD, RAYAGADA

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ITA 140/CTK/2018Status: DisposedITAT Cuttack28 January 2021AY 2013-142 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal granted the assessee's request to withdraw the appeal. This was based on the assessee's compliance with the Vivad Se Vishwas Scheme, which aims to settle tax disputes.

What were the facts?

The assessee filed an appeal against an order of the CIT(A). The assessee subsequently applied to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020. The necessary declarations and certificates under the scheme were duly filed and issued.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for settlement under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 5(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CUTTACK BENCH, CUTTACK

Before: S/SHRI P.M. JAGTAP & CHANDRA MOHAN GARG

For Appellant: Shri J.M.Patnaik, AR
For Respondent: Shri M.K.Gautam, CIT, DR

O R D E R Per Bench This is an appeal filed by the assessee against the order of the CIT(A),1 Bhubaneswar dated 8.3.2018 for the assessment year 2013-14.

2.

At the outset, ld A.R. of the assessee submitted that the assessee has moved an application dated 27.8.2020 to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020 vide R.No.498149871270820, which is under process by the Pr. CIT, Range-1, Bhubaneswar. He, therefore, submitted that . The assessee has duly filed the declarations in Form No. 1 and Form No. 2 and the Designated Authority has issued the certificate in Form No. 3 as per Section 5(1) of the Scheme accepting the assessee’s declaration under the same Scheme.

P a g e 1 | 2 40/CTK/201 8 Assessm ent Y ear : 20 13- 14

3.

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the permission as sought by the assessee is granted and this appeal of the assessee is dismissed treating the same as withdrawn. We also make it clear that in a situation, the grievance of assessee for the year under consideration could not be resolved under Vivad se Vishwas scheme, then the assessee would be entitled to seek recall of this dismissal order by filing a miscellaneous application.

4.

In the result, the appeal filed by the assessee is dismissed as withdrawn.

Order pronounced on 28 /1/2021. Sd/- sd/- (Chandra Mohan Garg) (P.M Jagtap) JUDICIAL MEMBER VICE PRESIDENT Cuttack; Dated 28 /1/2021 B.K.Parida, SPS(os) Copy of the Order forwarded to : 1. The appellant: M/s. kumar Sunrise Jewellers, Muncipal Complex, Main Road, Rayagada

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