M/S. WELFORD DISTRIBUTORS (P) LTD.,KOLKATA vs. ITO, WARD - 8(2), KOLKATA

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ITA 2388/KOL/2018Status: DisposedITAT Kolkata12 November 2021AY 2012-132 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal granted the assessee's application for withdrawal. The appeal was dismissed as withdrawn due to compliance with the Vivad Se Vishwas Scheme.

What were the facts?

The assessee company sought withdrawal of its appeal before the ITAT. This was based on a decision to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the assessee's appeal can be withdrawn and dismissed as settled under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 5(1)

AI-generated summary — verify with the full judgment below

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

Before: Shri P.M. Jagtap, Vice- & Shri A.T. Varkey

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)-3, Kolkata dated 24.09.2018.

2.

In this case, the Director of the assessee-company has moved an application dated 28.10.2021 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 M/s. Welford Distributors (P) Limited same Scheme. Payment of tax was supported by documentary evidence on record.

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permission as sought by the Director of the assessee-company is granted and this appeal of the assessee is dismissed as withdrawn.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In the result, the appeal filed by the assessee is dismissed as withdrawn.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 12, 2021. Sd/- Sd/- (A.T. Varkey) (P.M. Jagtap) Judicial Member Vice-President (KZ) Kolkata, the 12th day of November, 2021 Copies to : (1) M/s. Welford Distributors (P) Limited, Chatterjee International Building, 12th floor, Room No. 13, 33A, J.L. Nehru Road, Kolkata-700071 (2) Income Tax Officer, Ward-5(2), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 (3) Commissioner of Income Tax (Appeals)-3, Kolkata, (4) Commissioner of Income Tax , (5) The Departmental Representative (6) Guard File

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