M/S R.N.INFRABUILD PVT. LTD.,DURGAPUR vs. I.T.O.,WARD-1(1), DURGAPUR
What did the Tribunal hold?
The Tribunal granted the assessee's request to withdraw the appeal. This was based on the assessee having opted for and complied with the requirements of the Vivad Se Vishwas Scheme, 2020.
What were the facts?
The assessee company sought to withdraw its appeal before the ITAT. The reason for withdrawal was that the dispute had been resolved with the Revenue under the Vivad Se Vishwas Scheme.
What were the issues?
Whether the appeal should be dismissed as withdrawn due to settlement under the Vivad Se Vishwas Scheme.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A’ 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:- This appeal filed by the assessee is directed against the order of ld. Commissioner of Income Tax (Appeals), Durgapur dated 25.11.2019.
In this case, the Director of the assessee-company has moved an application dated 20.08.2022 seeking the permission of the Bench to withdraw this appeal 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.
Ld. D.R. has raised no objection if the instant appeal is dismissed as withdrawn by the assessee.
M/s. R.N. Infrabuild Pvt. Limited
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 07.01.2022 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 Vivad Se Vishwas Rules, 2020 accepting the assessee’s declaration under the said Scheme.
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permission as sought by the Director of the assessee-company is granted and this appeal of the assessee is dismissed as withdrawn.
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