KUSUMLATA SONTHALIA,KOLKATA vs. PRINCIPAL CIT, CENTRAL - 1, KOLKATA, KOLKATA

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ITA 1152/KOL/2018Status: DisposedITAT Kolkata10 August 2022AY 2015-163 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, leading to the dismissal of earlier appeals. Therefore, the instant appeal was also dismissed as withdrawn.

What were the facts?

The assessee's appeal was against an order passed under Section 263 of the Income Tax Act. Subsequent to the Pr. CIT's directions, the AO framed an assessment, and the assessee opted for the Vivad Se Vishwas Scheme.

What were the issues?

Whether an appeal filed against an order under Section 263 can be withdrawn by the assessee after opting for the Vivad Se Vishwas Scheme for the underlying demand.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘B’ BENCH, KOLKATA

Before: SRI MANISH BORAD & SRI SONJOY SARMA

order

: August 10th, 2022 ORDER

Per Manish Borad, Accountant Member:

1.

This appeal filed by the assessee pertaining to the Assessment Year (in short “AY”) 2015-16 is directed against the order passed u/s 263 of the Income Tax Act, 1961 (in short the “Act”) by ld. Pr. Commissioner of Income-tax, Central-1, Kolkata [in short ld. “Pr. CIT”] dated 15.01.2018.

2.

At the outset, ld. Counsel for the assessee submitted that the instant appeal is against the order passed u/s 263 of the Act.

I.T.A. No.: 1152/Kol/2018 Assessment Year: 2015-16 Kusumlata Sonthalia.

Subsequent to the directions given by ld. Pr. CIT in the impugned order, ld. Assessing Officer (in short ld. “AO”) framed the assessment and made the additions which were challenged before ld. CIT(A) as well as this Hon’ble Tribunal. However, in the meantime, the assessee opted for “Vivad Se Vishwas Scheme-2020” and paid due taxes which were under challenge before Hon’ble Tribunal in and 1601/Kol/2019 pertaining to AY 2015-16. Therefore, the request is made to withdraw the instant appeal. Ld. D/R did not raise any objection.

3.

We have heard rival contentions and perused the records placed before us. The instant appeal is against the order passed u/s 263 of the Act. Ld. AO in compliance to the directions given in the impugned order, framed assessment u/s 263/143(3)/153B(b)/153D of the Act dated 12.06.2018 making certain additions and these were challenged by the assessee before ld. CIT(A) and partly succeeded. Thereafter, both the assessee and the Revenue were in appeal before this Tribunal and the appeal numbers are ITA Nos. 1191/Kol/2019 and 1601/Kol/2019. Thereafter, the assessee opted for “Vivad Se Vishwas Scheme- 2020”, paid due taxes, Form No. 5 has been issued and above said appeals before this Tribunal were dismissed vide order dated 05.11.2020 & 13.11.2020. Under these given facts and circumstances, the assessee intends to withdraw the instant appeal which is filed against the order passed u/s 263 of the Act.

4.

We, therefore, considering the application of the assessee and the assessee having opted for “Vivad Se Vishwas Scheme-2020” for I.T.A. No.: 1152/Kol/2018 Assessment Year: 2015-16 Kusumlata Sonthalia.

the pending demand raised by the ld. AO in the assessment framed as per the directions given by ld. Pr. CIT in the impugned order, dismiss the instant appeal as withdrawn. 5. In the result, the appeal filed by the assessee is dismissed as withdrawn. Kolkata, the 10th August, 2022. Sd/- Sd/- [Sonjoy Sarma] [Manish Borad] Judicial Member Accountant Member Dated: 10.08.2022 Bidhan (P.S.) Copy of the order forwarded to:

1. 1. Kusumlata Sonthalia, 34, Pankaj Mallick Sarani, Jayantika Apartment, 1st Floor, Ballygunge, Kolkata-700 019.

2. PCIT, Central-1, Kolkata.

3. CIT(A)- 4. CIT- 5. CIT(DR), Kolkata Benches, Kolkata.

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