What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw the appeals. The appeals were dismissed as withdrawn with liberty to the assessee to seek restoration if issues arise with the Vivad Se Vishwas Scheme.

The assessee wished to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020, and had filed the necessary declarations. However, the Designated Authority had not yet issued the certificate in Form No. 3.

What were the issues?

The primary issue was the assessee's intention to settle tax disputes under the Vivad Se Vishwas Scheme and the procedural status of that settlement.

Diamond Roadways, Jamshedpur vs ACIT | ITAT Ranchi 2020

Income Tax Appellate Tribunal, KOLKATA-RANCHI ‘E-COURT’, KOLKATA

Before: Shri J. Sudhakar Reddy

These appeals filed by the assessee are directed against the orders of ld. Commissioner of Income Tax (Appeals), Jamshedpur, Jharkhand both dated 14.12.2018 for the assessment years 2014-15 & 2015-16 respectively.

None appeared on behalf of the assessee when the case was called for hearing. From the record it is found that the assessee has decided to settle the dispute involved in the said appeals under the Direct Tax Vivad Se Vishwas Act, 2020. The assessee also stated that he has duly filed the declarations in Form No. 1 and Form No. 2 but the Designated Authority has not issued the certificate in Form No. 3 as per Section 5(1) of the Scheme so far determining the tax payable by the assessee under the same Scheme. Assessment Year: 2014-2015 & 2015-2016 Diamond Roadways, Jamshedpur

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, I permit the assessee to withdraw these appeals and dismiss the appeals with the liberty to the assessee that in case, there is any problem in issuance of the certificate in Form No. 3 by the Designated Authority or any other such situation making the assessee not eligible to opt for the Vivad Se Vishwas Scheme, 2020, it will have the liberty to approach this Tribunal with a request for restoration of these appeals.

In the result, both the appeals filed by the assessee are dismissed as withdrawn. Order pronounced in the open Court on December 28, 2020. (J. Sudhakar Reddy) Accountant Member Kolkata, the 28th day of December, 2020 Copies to : (1) Diamond Roadways,Mohan Complex, 5,, New Kalimati Road, Sakchi, Jamshedpur (2) Assistant Commissioner of Income Tax, Circle-1, Jamshedpur (3) Commissioner of Income Tax (Appeals), Jamshedpur, Jharkhand; (4) Commissioner of Income Tax- , (5) The Departmental Representative (6) Guard File By order

DIAMOND ROADWAYS,JAMSHEDPUR vs. ACIT, JAMSHEDPUR

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