SUNIL GARG & SONS (HUF),KOLKATA vs. D.C.I.T.,CC-2(4), KOLKATA
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal allowed the assessee to withdraw the appeal. Since the assessee had paid the due taxes under the Vivad Se Vishwas scheme, there was no purpose in keeping the appeal pending.
What were the facts?
The assessee's appeal was pending before the ITAT. The assessee had opted for the Direct Tax Vivad Se Vishwas Scheme, 2020, and had fulfilled the necessary compliances. The revenue had no objection to the withdrawal of the appeal.
What were the issues?
Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme and paying the due taxes.
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 RAJPL YADAV & SHRI GIRISH AGRAWAL
O R D E R
PER GIRISH AGRAWAL, ACCOUNTANT MEMBER:
This appeal by the assessee is directed against the order of ld. CIT(A)-20, Kolkata vide Appeal No. 27/CC-2(4)/Kol/CIT(A)-20/16-17 dated 20.02.2019 for A.Y. 2014-15 passed against the assessment order u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) by DCIT, Central Circle-2(4),Kolkata dated 31.03.2016.
None appeared on behalf of the assessee. Shri Biswanath Das, Sr. DR appeared on behalf of the revenue.
At the outset, we note that none appeared on behalf of the assessee at the time of hearing before us. From the letter of the assessee’s Ld. AR dated Nil available in the file, we note 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 Sunil Garg & Sons (HUF), A.Y: 2014-15 accepted it and had issued Form-3. Thereafter the assessee has remitted the tax as per Form 3 and filed form no. 4 and the Form No. 5 is awaiting from the. Since the assessee has paid the due taxes, there is no point in keeping the impugned appeal pending. Apropos the discussion (supra) and since Shri Biswanath Das, Sr. DR does not have any objection in withdrawing the same, we allow the assessee to withdraw the impugned appeal.
In the result, the appeal of the assessee is dismissed as withdrawn.
Recent GST High Court judgments
Search GST case law →- Ganesh Trimbak Saraf And Another vs. The State Of Maharashtra And AnotherBombay · 26 Oct 2026
- M/S. Vajram Infra Material Industries vs. The State Of Andhra PradeshAndhra Pradesh · 26 Oct 2026
- Tyre Center vs. The Superintendent Of CGSTAndhra Pradesh · 26 Oct 2026
- M/S Monolith Resorts Private Limited vs. The CommissionerUttarakhand · 26 Oct 2026
- Sutlej Textiles And Industries Limited vs. Union Of INDIARajasthan · 26 Oct 2026