MRS. KALPANA DUTTA DAS,NORTH LAKHIMPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-TEZPUR, TEZPUR

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ITA 436/GTY/2019Status: DisposedITAT Guwahati12 November 2020AY 2009-102 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, noting that the Vivad Se Vishwas Scheme was opted for. The assessee can recall the order if the scheme is not accepted.

What were the facts?

The assessee opted for the Direct Tax Vivad Se Vishwas Scheme, 2020, and had filed the necessary forms. The assessee informed the tribunal about this decision.

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, GUWAHATI BENCH,

Before: Shri A. T. Varkey, JM]

Hearing: 03.11.2020Pronounced: 13.11.2020

ORDER This appeal is preferred by the assessee against the order of Ld. CIT(A), Jorhat dated 25-06-2019 for assessment year 2009-10.

2.

At the outset, the Ld. Counsel for the assessee Shri Dilip Kumar Biswash brought to our notice 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 2009- 10, there is no point in keeping the impugned appeal pending.

3.

In the light of the aforesaid discussion, I treat this submission of the Ld. AR of the assessee informing the Tribunal the fact that assessee is opting 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 Mrs. Kalpana Dutta Das, AY 2009-10 Vishwas Scheme, 20210, 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.

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”. 5. In the result, the appeal of assessee is dismissed as withdrawn. Order is pronounced in the open court on 13th November, 2020. Sd/- (Aby. T. Varkey) Judicial Member Dated : 13th November, 2020 JD(Sr.P.S.) Copy of the order forwarded to: 1. Appellant – Mrs. Kalpana Dutta Das, L/R of late Dr. Nomal Ch. Das, C/o Dr. Das Hospital & Diagnostic Centre, Ward No. 3, Nakari, North Lakhimur.

2 Respondent – ITO, North Lakhimpur 3. CIT(A), Jorhat 4. CIT- Jorhat, 5. DR, ITAT, Guwahati.

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