M/S JCC INDIA PVT. LTD.,KOLKATA vs. I.T.O.WARD-9(1), KOLKATA

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ITA 1336/KOL/2019Status: DisposedITAT Kolkata26 August 2022AY 2010-112 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal granted the assessee's request to withdraw the appeals. This was based on the assessee having resolved the dispute with the Revenue under the Vivad Se Vishwas Scheme.

What were the facts?

The assessee company filed appeals against the orders of the CIT(A) for assessment years 2009-2010 and 2010-2011. The assessee later sought to withdraw these appeals.

What were the issues?

Whether the assessee's appeals should be dismissed as withdrawn due to settlement under the Vivad Se Vishwas Scheme.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, ‘B’ BENCH, KOLKATA

Before: Shri Rajpal Yadav, Vice-(KZ) & Shri Girish Agrawal

Date of concluding the hearing : August 26, 2022 Date of pronouncing the order : August 26, 2022

O R D E R Per Bench:- These appeals filed by the assessee are directed against the separate orders of ld. Commissioner of Income Tax (Appeals)-15, Kolkata both dated 12.03.2019.

2.

In this case, the Director of the assessee-company has moved an application dated 16.08.2022 seeking the permission of the Bench to withdraw these appeals 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 a copy of Declaration in Form No. 5 which is being placed on record.

3.

Ld. D.R. has raised no objection if the instant appeals are dismissed as withdrawn by the assessee. & 1336/KOL/2019 A.Ys. 2009-2010 & 2010-2011 M/s. JCC India Pvt. Limited

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 and the Designated Authority has issued the certificate in Form No. 5 on 24.05.2022 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.

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