SAHARA UNIVERSAL MININGS CORPORATION LTD.,KOLKATA vs. ACIT CIR.-8(2), KOLKATA

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ITA 483/KOL/2020Status: DisposedITAT Kolkata02 July 2021AY 2012-132 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 for withdrawal of the appeal. This was based on the assessee's compliance with the requirements of the Vivad Se Vishwas Scheme.

What were the facts?

The assessee filed an appeal against an order of the CIT(A). The assessee later sought to withdraw the appeal, having decided to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

The primary issue was whether the appeal should be dismissed as withdrawn due to the assessee opting for settlement under the Vivad Se Vishwas Act.

AI-generated summary — verify with the full judgment below

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

Before: SHRI P.M. JAGTAP, HON’BLE VICE-(KZ) & SHRI A.T. VARKEY, HON’BLE]

order : July 02, 2021 O R D E R PER BENCH: This appeal filed by the assessee is directed against order of ld. Commissioner of Income Tax (Appeals)- 3, Kolkata dated 12.06.2020.

2.

In this case, the Director of the assessee has moved an application dated 27.04.2021seeking withdrawal of this appeal on the ground that he has 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 (A.Y. 2012-13) Sahara Universal Minings Corporation Ltd. certificate in Form No. 3 as per Section 5(1) of the Scheme accepting the assessee’s declaration under the same Scheme.

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Scheme, 2020, the permission as sought by the assessee is granted and this appeal of the assessee is dismissed as withdrawn.

4.

In the result, the appeal of the assessee is dismissed as withdrawn.

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