CLITORIA VANIJYA PVT. LTD.,NEW DELHI vs. CIT-1, KOLKATA

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ITA 122/KOL/2019Status: HeardITAT Kolkata24 August 2022AY 2008-092 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 noted that the assessee had opted for the Vivad Se Vishwas scheme and paid the due taxes. As there was no objection from the revenue, the tribunal allowed the assessee to withdraw the appeal.

What were the facts?

The assessee filed an appeal against an order passed under Section 263 of the Income-tax Act. During the hearing, the assessee informed the tribunal that they had opted for the Direct Tax Vivad Se Vishwas Scheme and had fulfilled all the necessary compliances.

What were the issues?

Whether the appeal should be continued when the assessee has opted for and complied with the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH KOLKATA

Before: SHRI RAJPL YADAV & SHRI GIRISH AGRAWAL

For Appellant: Shri Chirag Desai, AR
For Respondent: Smt. Ranu Biswas, Addl. CIT, DR
Hearing: 18.08.2022Pronounced: 24.08.2022

O R D E R

PER GIRISH AGRAWAL, ACCOUNTANT MEMBER:

1.

This appeal by the assessee is directed against the order of ld. CIT-1, Kolkata dated 11.03.2013 for A.Y. 2008-09 passed u/s. 263 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).

2.

Shri Chirag Desai, AR appeared for the assessee and Smt. Ranu Biswas, Sr. DR appeared on behalf of the revenue.

3.

At the time of hearing Ld. AR of the assessee submitted that the assessee has opted for Direct Tax Vivad Se Vishwas Scheme, 2020 (hereinafter, the ‘scheme’) and had filed Form no. 1 and Form no. 2 before the Competent Authority and the Competent Authority had accepted it and had issued Form-3. Thereafter the assessee has remitted the tax as per Form 3 and filed form no. 4 and is expecting Form 5 from the competent authority. Since the assessee-respondent

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