LAHLIWALA STEELS PVT. LTD.,HOWRAH vs. ITO, WARD - 3(3), KOLKATA

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ITA 2483/KOL/2018Status: DisposedITAT Kolkata11 August 2022AY 2012-132 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 allowed the assessee's application to withdraw the appeal. Since the dispute was resolved under the Vivad Se Vishwas Scheme and a settlement order was issued, the appeal was dismissed as withdrawn.

What were the facts?

The assessee sought to withdraw its appeal before the ITAT, having opted for the Vivad Se Vishwas Scheme to resolve the dispute with the Revenue. The assessee provided a copy of the declaration and the settlement order under the scheme.

What were the issues?

Whether an appeal can be withdrawn by the assessee if the dispute has been settled under the Vivad Se Vishwas Scheme.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 Manish Borad & Shri Sonjoy Sarma

Per Manish Borad, Accountant Member:- The present appeal is directed at the instance of assessee against the order of ld. Commissioner of Income Tax (Appeals)-1, Kolkata dated 08.10.2018 passed for the assessment year 2012-13.

2.

Shri K.K. Poddar, ld. Authorized Representative of the assessee- company has moved an application dated 08.08 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.

Assessment Year : 2012-2013 Lahliwala Steels Pvt. Limited

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 D.R. has raised no objection if the instant appeal is dismissed as withdrawn by the assessee.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. Tax payable as per the Vivad Se Vishwas Scheme, 2020 has been duly paid and the Income Tax Department has issued Form No. 5, which is an order 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) on 4th July, 2020. Under these given facts and circumstances, the assessee’s application to withdraw the instant appeal is allowed and the appeal is dismissed as withdrawn.

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