XPLORE TECH SERVICES PRIVATE LIMITED,KOLKATA vs. DCIT, CIRCLE - 4(1), KOLKATA

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ITA 1823/KOL/2019Status: HeardITAT Kolkata07 April 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 taxes. The assessee requested to withdraw the appeal, and the Revenue had no objection.

What were the facts?

The assessee company had filed an appeal before the ITAT for Assessment Year 2015-16. The assessee subsequently opted for the Vivad Se Vishwas Scheme, 2020 and paid the taxes due under the scheme.

What were the issues?

The primary issue was the withdrawal of the appeal by the assessee due to opting for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(5),Section 92CA(3)

AI-generated summary — verify with the full judgment below

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

Before: Sri Rajpal Yadav & Sri Manish Borad

order

: April 7th, 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 of ld. DCIT, Circle-4(1), Kolkata u/s 143(3) r.w.s. 144C(5) and 92CA(3) of the Income Tax Act, 1961 (in short the “Act”) dated 23.05.2019.

2.

At the outset, ld. Counsel for the assessee submitted that the assessee opted under the Vivad Se Vishwas Scheme, 2020. Tax payable as per this scheme in the case of the assessee stood paid for the full and final settlement of tax arrears. Thus, ld. Counsel for the assessee requested for withdrawing the instant appeal vide letter dated 28.02.2022. 3. Per contra, ld. D/R did not have any objection to this request of ld. Counsel for the assessee. 4. We have heard ld. D/R and perused the records placed before us. We have gone through the facts narrated by the ld. Counsel for the assessee stated herein above and find that the assessee has opted under the Vivad Se Vishwas Scheme, 2020 and paid taxes thereon. Request has been made for withdrawing the appeal. We, therefore, considering the facts of the case and I.T.A. No.: 1823/Kol/2019 Assessment Year: 2015-16 Xplore Tech Services Private Limited. the request made at the behest of the assessee, dismiss this appeal as withdrawn.

5.

In the result, the appeal of the assessee is dismissed as withdrawn.

Kolkata, the 7th April, 2022.

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