ACIT, CC-2(3), KOLKATA vs. TRANS DAMODAR COAL MINING (P) LTD, KOLKATA

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ITA 77/KOL/2021Status: DisposedITAT Kolkata15 March 2023AY 2013-142 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The tribunal granted the permission sought by the assessee and dismissed the revenue's appeal. This was due to the matter being settled under the Vivad Se Vishwas Scheme.

What were the facts?

The revenue filed an appeal against the CIT(A)'s order. The assessee informed the tribunal that the appeal has been settled under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the appeal should be dismissed as the dispute has been settled under the Vivad Se Vishwas Act, 2020.

Which sections of the Income-tax Act were involved?

Section 5(2),Section 6

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH ‘C’, KOLKATA

Before: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Hearing: 14.03.2023Pronounced: 15.03.2023

ORDER

Per Shri Sonjoy Sarma, JM:

1.

This appeal filed by the revenue is directed against the order of ld. Commissioner of Income Tax (Appeals)- 20, Kolkata dated 27.02.2020.

2.

In this case, Shri Amit Agarwal, Authorised Representative of the assessee has moved an application informing us that the appeals have 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.

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 Trans Damodar Coal Mining Pvt. Ltd. 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 the matter has been settled under Vivad Se Vishwas Scheme, 2020 between the parties.

5.

In the result, the appeal of the revenue is dismissed in terms of the above direction indicated in the preceding paragraph.

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