M/S. MAGNET FOUNDRY SUPPLIERS PVT. LTD.,KOLKATA vs. ITO, WARD - 4(2), KOLKATA, KOLKATA

PDF · subscribers
ITA 1687/KOL/2018Status: DisposedITAT Kolkata16 December 2022AY 2008-092 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal granted the assessee's request for withdrawal of the appeal. The appeal was dismissed as withdrawn due to the settlement under the Vivad Se Vishwas Scheme.

What were the facts?

The assessee filed an appeal before the ITAT against the order of the CIT(A). The assessee later sought to withdraw the appeal as it had been settled under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether an appeal filed before the ITAT can be withdrawn if the underlying tax dispute has been settled under the Vivad Se Vishwas Act, 2020.

Which sections of the Income-tax Act were involved?

Section 250,Section 5(2),Section 6

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, KOLKATA

Before: SHRI RAJPAL YADAV, HON’BLE & SHRI GIRISH AGRAWAL, HON’BLE

For Appellant: Shri Sagar Jain, FCA
Hearing: 15/12/2022Pronounced: 16/12/2022

PER SHRI RAJPAL YADAV, VICE PRESIDENT :

The present appeal is directed at the instance of the assessee against the order of the Learned Commissioner of Income Tax (Appeals) -17, Kolkata, (hereinafter the “ld. CIT(A)”) dt. 12/04/2017, passed u/s 250 of the Income Tax Act, 1961 (“the Act’), for Assessment Year 2008-09. 2. In this case, the assessee has filed an application seeking withdrawal of this appeal on the ground that the appeal has been settled under the Direct Tax Vivad Se Vishwas Act, 2020. The assessee has duly filed the copy of the certificate in Form 5 for full and final settlement of tax arrear under Section 5(2) r.w.s. 6 of the Direct Tax Vivad Se Vishwas Act, 2020. 3. Keeping in view these facts and circumstances of the case, especially the fact that the assessee has duly complied with the necessary requirements under Vivad Se Vishwas Scheme, 2020, permission as sought by the assessee is granted and this appeal of the assessee is dismissed as withdrawn.

4.

In the result, appeal of the assessee is dismissed as withdrawn. Order pronounced in the Court on 16th December, 2022 at Kolkata. (GIRISH AGRAWAL) VICE-PRESIDENT Kolkata, Dated 16/12/2022 *SC SrPs Assessment Year: 2008-09 M/s. Magnet Foundry Suppliers Pvt. Ltd. 2

आदेश क" "ितिलिप अ"ेिषत/Copy of the Order forwarded to : 1. अपीलाथ" / The Appellant

2.

""यथ" / The Respondent 3. संबंिधत आयकर आयु" / Concerned Pr. CIT 4. आयकर आयु" अपील ( ) / The CIT(A)- 5. िवभागीय "ितिनिध अिधकरण अपीलीय आयकर कोलकाता/DR,ITAT, Kolkata, , , 6. गाड" फाईल /Guard file.

आदेशानुसार/ BY ORDER,

More judgments on Section 5(2)

All 430 judgments and leading authorities on Section 5(2) →

Recent GST High Court judgments

Search GST case law →