What did the Tribunal hold?

The tribunal granted the permission sought by the directors to withdraw the appeal. The appeal was dismissed as withdrawn.

The assessee company filed an appeal before the ITAT. The directors of the assessee company jointly applied for withdrawal of the appeal.

What were the issues?

The primary issue was whether the appeal could be withdrawn by the assessee due to settlement under the Vivad Se Vishwas Scheme.

Alpha Vanijya Private Limite… vs DCIT | ITAT Kolkata 2021

Income Tax Appellate Tribunal, KOLKATA ‘A’ 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)-10, Kolkata dated 22.01.2019.

In this case, Shri Ashok Kumar Drolia and Smt. Bela Drolia, both the Directors of the assessee-company, jointly has moved an application dated 08.10.2021 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 said Scheme.

M/s. Alpha Vanijya Pvt. Limited

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as sought by the Directors of the assessee-company is granted and this appeal of the assessee is dismissed as withdrawn.

In the result, the appeal filed by the assessee is dismissed as withdrawn.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. Alpha Vanijya Pvt. Limited, 493/C/A, G.T. Road South, Howrah-711102 (2) Deputy Commissioner of Income Tax, Circle 1(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 (3) Commissioner of Income Tax (Appeals)-10, Kolkata, (4) Commissioner of Income Tax , (5) The Departmental Representative (6) Guard File

ALPHA VANIJYA PRIVATE LIMITE,HOWRAH vs. D.C.I.T.,CIRCLE-1(1), KOLKATA

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

Recent GST High Court judgments