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

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ITA 217/GTY/2019Status: DisposedITAT Guwahati07 October 2020AY 2010-112 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 ITAT allowed the assessee to withdraw the appeal. The withdrawal is subject to the competent authority accepting the assessee's intention to opt for the Vivad Se Vishwas Scheme.

What were the facts?

The assessee decided to opt for the Direct Tax Vivad Se Vishwas Scheme, 2020. The appeal was pending before the Income Tax Appellate Tribunal (ITAT).

What were the issues?

The primary issue was whether the appeal should be kept pending when the assessee intended to settle the matter under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, GUWAHATI BENCH,

Before: Shri A. T. Varkey, JM & Dr. A. L. Saini, AM]

Hearing: 18.09.2020Pronounced: 07.10.2020

ORDER

Per Dr. A. L. Saini, AM

1.

1. This appeal preferred by the assessee against the order of Ld. CIT(A), Guwahati-1, Guwahati dated 07-02-2019 for assessment year 2010-11.

2.

At the outset, the Ld. AR Shri Dilip Kumar Biswal drew our attention to the fact that the appellant-assessee has decided to opt for the Direct Tax Vivad Se Vishwas Scheme, 2020 (hereinafter, the ‘scheme’). In the light of the aforesaid fact since the assessee intends to opt for the said scheme of Direct Tax Vivad Se Vishwas Scheme, 2020, there is no point in keeping the impugned appeal pending.

3.

In the light of the aforesaid discussion, we treat this application informing us the fact that assessee intends to opt for the said scheme and therefore, we allow the assessee to withdraw the impugned appeal. In case, if the competent authority as per the scheme does not accept the assessee’s intention 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, we allow the assessee to withdraw the captioned appeal. Mrs. Kalpana Dutta Das, AY : 2010-11 4. Needless to say that our aforesaid action allowing the assessee to withdraw the appeal, will not come in the way of the competent authority of Revenue to accept the assessee’s said option/scheme for availing “Vivad Se Vishwas Scheme, 2020’.

In the result, appeal of the assessee is dismissed as withdrawn.

Order is pronounced in the open court on 07.10.2020 Sd/- Sd/- (Aby. T. Varkey) (Dr. A. L. Saini) Judicial Member Accountant Member Dated : 07.10. 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 Lakhimpur, Assam-787001. Respondent – ACIT, Circle-Tezpur, Tezpur 2 3. CIT(A), Guwahati-1, Guwahati

4.

CIT- , Guwahati 5. DR, ITAT, Guwahati.

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