SHRI MOHINI BIHARI FINCON PVT. LTD.,KOLKATA vs. ITO, WARD - 2(4), KOLKATA

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ITA 2102/KOL/2018Status: DisposedITAT Kolkata01 November 2022AY 2012-132 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 tribunal dismissed the appeal based on the assessee's submission that the dispute was settled under the Vivad Se Vishwas Scheme. The assessee was granted liberty to apply for recall if there was any factual inaccuracy.

What were the facts?

The assessee filed an appeal before the ITAT against an order of the CIT(A). The assessee's representative informed the tribunal that the dispute had been resolved under the Vivad Se Vishwas Scheme.

What were the issues?

Whether the appeal should be dismissed as the dispute has been resolved under a settlement scheme.

Which sections of the Income-tax Act were involved?

Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, KOLKATA

Before: Shri Rajpal Yadav, Vice-(KZ) & Shri Rajesh Kumar

Per Rajpal Yadav, Vice-President (KZ):- The assessee is in appeal before the Tribunal against the order of ld. Commissioner of Income Tax (Appeals)-1, Kolkata dated 31.07.2018 passed for assessment year 2012-13.

2.

At the very outset, Shri Miraj D. Shah, C.A. contended before us that briefing C.A. Shri S.S. Lohia has apprised him that the assessee has resolved the dispute with the Department under Vivad Se Vishwas Scheme. He further submitted that at present, he is not holding the Power of Attorney, but he has had a discussion with the briefing C.A. who assured him for supply of the Power of Attorney in his favour. Taking cognizance of the statement made by him at the Bar, we deem it 1

1.

Assessment Year: 2012-2013 Shri Mohini Bihari Fincon Pvt. Limited appropriate to dismiss this appeal simply on the ground that the dispute has been resolved under the Vivad Se Vishwas Scheme. However, on cross verification of facts, any incorrect assumption of facts on account of communication gap emerged then the assessee will be at liberty to apply for recall of this order. Such application be filed within the time limit available under section 254(2) of the Income Tax Act.

3.

In the result, the appeal of the assessee is dismissed. Order pronounced in the open Court on November 01, 2022. Sd/- Sd/- (Rajesh Kumar) (Rajpal Yadav) Accountant Member Vice-President (KZ) Kolkata, the 1st day of November, 2022 Copies to : (1) Shri Mohini Bihari Fincon Pvt. Limited, C/o. S.S. Lohia & Co., 27, Brabourne Road, 7th Floor, Room No. 711, Kolkata-700001

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