SHRI ANURAG KUMAR,JAMSHEDPUR vs. ACIT, CIRCLE-1(1), JAMSHEDPUR
What did the Tribunal hold?
The Tribunal permitted the assessee to withdraw the appeal, dismissing it as withdrawn. The assessee was granted liberty to seek restoration if issues arose with the Vivad Se Vishwas certificate.
What were the facts?
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 pending issuance of a Vivad Se Vishwas certificate, preventing the finalization of the settlement.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA-RANCHI ‘E-COURT’, KOLKATA
Before: Shri J. Sudhakar Reddy
This appeal filed by the assessee is directed against the order of ld. Commissioner of Income Tax (Appeals), Jamshedpur, Jharkhand dated 24.01.2019.
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 appeal 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: 2015-2016 Shri Anurag Kumar
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 this appeal and dismiss the appeal 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 this appeal.
In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open Court on December 28, 2020.
More judgments on Section 5(1)
- Bajrang Singh Rajawat, Jaipur vs ITO Ward-7(2), JaipurITA 1120/JPR/2025[2014-15]Status: Disposed30 Jul 2026AY 2014-15
- Krrishraj Construction Pvt. Ltd., Ahmedabad vs The ACIT, Central Circle-3, SuratITA 1232/SRT/2025[2016-17]Status: Disposed4 May 2026AY 2016-17
- Krrishraj Construction Pvt. Ltd., Ahmedabad vs The ACIT, Central Circle-3, SuratITA 1231/SRT/2025[2015-16]Status: Disposed4 May 2026AY 2015-16
- Amit Satpathy, Mumbai vs ITO-42(2)(1), MumbaiITA 5930/MUM/2025[2017-18]Status: Disposed27 Feb 2026AY 2017-18
- Amish Anantrai Modi, Mumbai vs Central Circel 2(1), MumbaiITA 6281/MUM/2025[2011-2012]Status: Disposed9 Dec 2025AY 2011-2012
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