MUNNA SINGH,DHANBAD vs. ITO, WARD-5, RANGE-1, DHANBAD

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ITA 15/RAN/2020Status: DisposedITAT Ranchi10 December 2020AY 2014-152 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw the appeal as it was settled under the Vivad Se Vishwas Scheme. The appeal was dismissed as withdrawn with liberty to seek restoration if issues arise with the scheme.

What were the facts?

The assessee filed an appeal before the ITAT. The assessee's advocate filed a petition stating the assessee intended to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020, and had filed necessary declarations.

What were the issues?

Whether the appeal should be withdrawn due to settlement under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Direct Tax Vivad Se Vishwas Act, 2020

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 12.12.2019.

2.

None appeared on behalf of the assessee when the case was called for hearing. From the record it is found that the ld. Advocate on behalf of the assessee has filed a petition dated 24.12.2020 that the assessee has decided to settle the dispute involved in the said appeal under the Direct Tax Vivad Se Vishwas Act, 2020. He has also stated that the assessee 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 Assessment Year: 2014-2015 Shri Munna Singh, Dhanbad Section 5(1) of the Scheme so far determining the tax payable by the assessee under the same Scheme.

3.

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.

4.

In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open Court on December 28, 2020.

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