BLOOMING JEWELLERY PVT LTD,KOLKATA vs. A.C.I.T.,CIRCLE-5(2), KOLKATA

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ITA 1578/KOL/2019Status: HeardITAT Kolkata07 July 2022AY 2009-102 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that since the assessee had paid the due taxes and the settlement was finalized, there was no purpose in keeping the appeal pending. The Tribunal allowed the assessee to withdraw the appeal.

What were the facts?

The assessee opted for the Direct Tax Vivad Se Vishwas Scheme, 2020, and completed the settlement process by paying the due taxes. The department issued a form for full and final settlement of tax arrears.

What were the issues?

Whether the appeal should be dismissed as withdrawn after the assessee settled the tax arrears under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 147,Section 144,Section 5(2),Section 6

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH KOLKATA

Before: SHRI SONJOY SARMA & SHRI GIRISH AGRAWAL

For Respondent: Shri Sanjib Kumar Paul, Addl. CIT
Hearing: 07.07.2022Pronounced: 07.07.2022

O R D E R

PER GIRISH AGRAWAL, ACCOUNTANT MEMBER:

1.

This appeal by the assessee is directed against the order of ld. CIT(A)-18, Kolkata vide ITA No. 10848/CIT(A)-18/Kol/Cir-5(2)/F.Sl. No.AT(2)178/18-19 dated 23.08.2018 for A.Y. 2009-10 passed against the assessment order u/s 147/144 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) by ACIT, Circle-5(2),Kolkata dated 22.12.2016.

2.

At the outset, we note that none appeared on behalf of the assessee at the time of hearing before us. From the documents 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 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 department has also issued Form-5 in respect of order for full and final settlement of tax arrears u/s. 5(2) read with

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