What did the Tribunal hold?

The Tribunal granted the permission sought by the assessee's Director to withdraw the appeal. This was due to the assessee's compliance with the requirements of the Vivad Se Vishwas Scheme.

The assessee company filed an appeal before the ITAT. The Director of the assessee company subsequently filed an application seeking withdrawal of the appeal. This was based on the decision to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the appeal can be withdrawn by the assessee as they have opted for settlement under the Vivad Se Vishwas Act, 2020.

Kitply Industries Ltd, Kolkata vs DCIT | ITAT Guwahati 2021

Income Tax Appellate Tribunal, GUWAHATI BENCH : GUWAHATI

Before: Shri P.M. Jagtap, Vice-(KZ) & Shri A.T. Varkey

Per Shri P.M. Jagtap, Vice-President (KZ):- This appeal filed by the assessee is directed against the order ld. Commissioner of Income Tax (Appeals), Dibrugarh dated 13.03.2019.

In this case, the Director of the assessee-company has moved an application dated 23.03.2021 seeking withdrawal of this appeal on the ground that he has decided to settle the dispute involved in the said appeal under the Direct Tax Vivad Se Vishwas Act, 2020. 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 A.Y. 2011-2012 Kitply Industries Limited Section 5(1) of the Scheme accepting the assessee’s declaration under the same Scheme.

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permission as sought by the Director of the assessee-Company is granted and this appeal of the assessee is dismissed as withdrawn.

In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open Court on April 23, 2021.

Sd/- Sd/- (A.T. Varkey) (P.M. Jagtap) Judicial Member Vice-President (KZ) Kolkata, the 23rd day of April, 2021 Copies to : (1) Kitply Industries Limited, White House, 4 th Floor, A Block, 119, Park Street, Kolkata-700016

(2) Assistant Commissioner of Income Tax, Circle-Tinsukia, Aayakar Bhawan, Bordoloi Nagar, Tinsukia-786125, Assam

KITPLY INDUSTRIES LTD,KOLKATA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-TINSUKIA, TINSUKIA

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