KAMINI FINANCE AND INVETSMENT COMPANY LIMITED,GUWAHATI vs. INCOME TAX OFFICER, WARD-4(2), GUWAHATI

PDF · subscribers
ITA 469/GTY/2019Status: DisposedITAT Guwahati11 January 2021AY 2016-172 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The tribunal allowed the assessee to withdraw the appeal as they had opted for the Vivad Se Vishwas Scheme. The assessee was granted liberty to recall the order if the scheme proposal was not accepted.

What were the facts?

The assessee had appealed against an order for AY 2016-17. The assessee informed the tribunal that they had opted for the Direct Tax Vivad Se Vishwas Scheme, 2020 and had filed the necessary forms.

What were the issues?

Whether the appeal should be kept pending when the assessee has opted for the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, GAUHATI BENCH, “VIRTUAL

Before: Shri A. T. Varkey, JM]

Hearing: 11.01.2021Pronounced: 11.01.2021

ORDER This appeal is preferred by the assessee against the order of Ld. CIT(A), Guwahati-2, Guwahati dated 16-08-2019 for assessment year 2016-17.

2.

At the outset, Ld. AR for the assessee submitted that the assessee had opted for Direct Tax Vivad Se Vishwas Scheme, 2020 (hereinafter, the ‘scheme’) and had filed Form- 1 & Form-2 before the Competent Authority and is awaiting the issue of Form No. 3 from the Competent Authority. Therefore, taking into consideration the fact that since the assessee has opted for the Scheme for the AY 2016-17, there is no point in keeping the impugned appeal pending.

3.

In the light of the aforesaid discussion, I treat this submission of the assessee informing the Tribunal the fact that assessee has opted for the said scheme, therefore, I allow the assessee to withdraw the impugned appeal. In case, if the competent authority as per the scheme does not accept the assessee’s proposal to opt for the Vivad Se Vishwas Scheme, 2020, then the assessee is at liberty to move an application for recalling this order. With the aforesaid caveat, I allow the assessee to withdraw the captioned appeal. Kamini Finance & Investment Pvt. Ltd., AY 2016-17 4. Needless to say that my aforesaid action allowing the assessee to withdraw the appeal, will not come in the way of the competent authority of Revenue to accept the assssee’s said option/scheme for availing “Vivad Se Vishwas Scheme, 2020”.

Recent GST High Court judgments

Search GST case law →