WEST BENGAL ELECTRONICS INDUSTRY DEVELOPMENT CORPORATION LIMITED,KOLKATA vs. PR.CIT-1, KOLKATA

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ITA 1349/KOL/2019Status: HeardITAT Kolkata11 May 2022AY 2014-152 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 assessee successfully completed the Vivad Se Vishwas Scheme formalities, including payment of taxes. Therefore, the tribunal allowed the assessee to withdraw the appeal.

What were the facts?

The assessee filed an appeal against an order for AY 2014-15. During the pendency of the appeal, the assessee opted for the Direct Tax Vivad Se Vishwas Scheme, 2020.

What were the issues?

The primary issue was whether the appeal should continue when the assessee had settled the tax liability under the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH ‘C’ AT KOLKATA

Before: SHRI RAJESH KUMAR, HON’BLE & SHRI SONJOY SARMA, HON’BLE]

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH ‘C’ AT KOLKATA [BEFORE SHRI RAJESH KUMAR, HON’BLE ACCOUNTANT MEMBER & SHRI SONJOY SARMA, HON’BLE JUDICIAL MEMBER] Assessment Year: 2014-15 West Bengal Electronics Industry Development corporation Limited.....................Appellant WEBEL Bhewan, Block EP & GP, Sector V, Salt Lake City, Kolkata – 700 091. [PAN: AAACW 2411 Q] Vs Pr. CIT -1, Kolkata ..................………………………………………..............................................Respondent Appearances by: Shri Pratush Jhunjhunwala, Advocate appearing on behalf of the Assessee Shri Manas Mondal, ACIT appearing on behalf of the Revenue: Date of concluding the hearing : May 10, 2022 Date of pronouncing the order : May 10, 2022 ORDER PER SONJOY SARMA, JM:

This is an appeal preferred by the assessee against the order of Ld. PCIT-1, Kolkata dated 18.03.2019 for A.Y. 2014-15.

2.

At the time of hearing ld, AR 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. Thereafter, the authority had accepted it and had issued Form No.

3. Further the assessee has remitted the tax as per Form No. 3 and filed Form No. 4 also. The Competent Authority in response to the same had issued Form No. 5 to the assessee. Since, the assessee-appellant has paid the due taxes, there is no point in keeping the impugned appeal pending. Apropos the discussion (supra) and since the Ld. DR has not any objection

Assessment Year: 2014-15 West Bengal Electronics Industry Development corporation Limited in withdrawing the same. Accordingly, we allow the assessee to withdraw the instant appeal.

3.

In the result, the appeal of the assessee is dismissed as withdrawn. Order Pronounced in the Open Court on 10th May, 2022.

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