M/S. ADORABLE TRADING PVT. LTD.,KOLKATA vs. DCIT, CIRCLE - 15(1), KOLKATA, KOLKATA

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ITA 975/KOL/2018Status: DisposedITAT Kolkata18 November 2021AY 2013-142 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 granted the assessee's request to withdraw the appeal. This was due to the assessee having complied with the requirements of the Vivad Se Vishwas Scheme.

What were the facts?

The assessee filed an appeal against an order of the Commissioner of Income Tax (Appeals). The assessee's advocate sought to withdraw the appeal. This was because the assessee decided to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether an appeal can be withdrawn if the dispute is settled under the Vivad Se Vishwas Act, 2020.

Which sections of the Income-tax Act were involved?

Direct Tax Vivad Se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

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

Before: Shri P.M. Jagtap, Vice- & Shri Partha Sarathi Chaudhury

Per Shri P.M. Jagtap, Vice-President (KZ):- This appeal filed by the assessee is directed against the order of ld. Commissioner of Income Tax (Appeals)-5, Kolkata dated 12.02.2018.

2.

In this case, Shri Subash Agarwal, Advocate for the assessee- company has moved an application dated 15.11.2021 seeking withdrawal of this appeal on the ground that they have decided to settle the dispute involved in the said appeal under the Direct Tax Vivad Se Vishwas Act, 2020. The assessee has duly filed the declarations in Form No. 1 and Form No. 2 and the Designated Authority has issued the certificate in Form No. 3 as per Section 5(1) of the Scheme accepting the assessee’s declaration under the said Scheme.

M/s. Adorable Trading Pvt. Limited

3.

Keeping in view these facts and circumstances of the case including especially the fact that the assessee has duly complied with the necessary requirements under Vivad Se Vishwas Scheme, 2020, the permission as sought by the Advocate of the assessee-company is granted and this appeal of the assessee is dismissed as withdrawn.

4.

In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open Court on November 18, 2021.

1.

Sd/- Sd/- (Partha Sarathi Chaudhury) (P.M. Jagtap) Judicial Member Vice-President (KZ) Kolkata, the 18th day of November, 2021 Copies to : (1) M/s. Adorable Trading P. Limited, 16B, Shakespeare Sarani, 2 nd Floor, Kolkata-700071 (2) Deputy Commissioner of Income Tax, Circle-15(1), Kolkata (3) Commissioner of Income Tax (Appeals)-5, Kolkata (4) Commissioner of Income Tax , (5) The Departmental Representative (6) Guard File

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