HARIRAM RAJESH KUMAR (HUF),KOLKATA vs. D.C.I.T.,CC-2(4), KOLKATA

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ITA 444/KOL/2019Status: DisposedITAT Kolkata08 September 2022AY 2014-153 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 granted the assessee's request to withdraw the appeal. The decision was based on the assessee's compliance with the Vivad Se Vishwas Scheme, which aims to settle tax disputes.

What were the facts?

The assessee-HUF sought to withdraw its appeal before the ITAT, having opted for the Vivad Se Vishwas Scheme, 2020. The assessee had filed the necessary declarations and forms under the scheme to resolve the tax dispute with the Revenue.

What were the issues?

Whether the assessee's appeal should be dismissed as withdrawn due to opting for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

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, Vice-(KZ) & Shri Rajesh Kumar

Per Rajpal Yadav, Vice-President (KZ):- This appeal is directed at the instance of assessee against the order of ld. Commissioner of Income Tax (Appeals)-20, Kolkata dated 20.02.2019 passed for the Assessment Year 2014-15.

2.

In this case, the ld. Authorized Representative of the assessee-HUF has moved an application dated 05.08.2022 seeking the permission of the Bench to withdraw this appeal subject to issue of Form No. 5 by the Designated Authority under the Vivad Se Vishwas Act, 2020 and pleaded that the assessee has resolved the issue in dispute with the Revenue under Vivad Se Viswas Scheme. For buttressing this plea, the assessee has filed copies of Declaration in Form Nos. 1, 2, & 4 under the Vivad Se 1

Assessment Year : 2014-2015 Hariram Rajesh Kumar (HUF)

1.

Vishwas Act, 2020 as well as Form No. 3 issued by the Competent Authority and Form No. 5 which is pending for issuing by the Designated Authority under the Vivad Se Vishwas Act, 2020, which are being placed on record.

3.

Ld. D.R. has raised no objection if the instant appeal is dismissed as withdrawn by the assessee.

4.

We have perused the relevant material placed before us. We find that the assessee has opted for Vivad Se Vishwas Scheme, 2020 to resolve the dispute with the Revenue. The Designated Authority has not yet issued the certificate in Form No. 5 for full and final settlement of tax arrear under Section 5(2) read with section 6 of the Direct Tax Vivad Se Vishwas Act, 2020 (3 of 2020), The Direct Tax Vidad Se Vishwas Rules, 2020 accepting the assessee’s declaration under the said Scheme.

5.

Keeping in view these facts and circumstances of the case including especially the fact that the assessee-HUF has duly complied with the necessary requirements under Vivad Se Vishwas Scheme, 2020, the permission as sought by the ld. Authorized Representative of the assessee-HUF is granted and the appeal of the assessee is dismissed as withdrawn.

6.

In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open Court on September 08, 2022.

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