What did the Tribunal hold?

The Tribunal granted the permission sought by the assessee's Director. The appeal was dismissed as withdrawn due to the settlement under the Vivad Se Vishwas Scheme.

The assessee company filed an appeal before the ITAT. The Director of the assessee company sought to withdraw the appeal. This withdrawal was sought on the grounds that the dispute was settled under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether an appeal can be withdrawn if the dispute has been settled under the Vivad Se Vishwas Act, 2020.

Planet Vyapaar (P) Ltd. vs I.T.O., Ward-1(4) | ITAT Kolkata 2022

Income Tax Appellate Tribunal, ‘A’ BENCH, KOLKATA

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

Per Bench:- This appeal filed by the assessee is directed against the order of ld. Commissioner of Income Tax (Appeals)-14, Kolkata dated 05.03.2019.

In this case, Smt. Jhuma Dutta, Director of the assessee-company has moved an application dated 18.08.2022 seeking withdrawal of this appeal on the ground that they have decided to settle the dispute involved in the said appeal under the Direct Tax Vivad Se Vishwas Act, 2020. The assessee has duly filed the declarations in Form No. 1 and Form No. 2 under the Vivad Se Vishwas Act, 2020 on 28.12.2020 and paid the required tax amount.

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, the permission as sought by the Director of the assessee-company is granted and this appeal of the assessee is dismissed as withdrawn.

PLANET VYAPAAR (P) LTD.,KOLKATA vs. I.T.O.,WARD-1(4), KOLKATA

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