PRITI TULSHAN,KOLKATA vs. ITO, WARD-37(3), KOLKATA, KOLKATA
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal allowed the assessee to withdraw the appeal, considering their participation in the Vivad Se Vishwas Scheme. The assessee was granted liberty to recall the order if the scheme proposal was not accepted.
What were the facts?
The assessee had filed an appeal before the ITAT. However, the assessee opted for the Direct Tax Vivad Se Vishwas Scheme, 2020 and was awaiting a form from the Competent Authority.
What were the issues?
Whether the appeal should be kept pending when the assessee has opted for a dispute resolution scheme.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C”
Before: Sri J. Sudhakar Reddy & Sri Sanjay Garg
order : June 21, 2021 ORDER The present appeal has been preferred by the assessee against the order dated 27.12.2018 of the Commissioner of Income Tax (Appeals)-15, Kolkata.
None appeared on behalf of the assessee. At the outset, it is noticed that an application for withdrawal of appeal has been placed in file wherein the assessee has stated that the assessee had opted for ‘Direct Tax Vivad Se Vishwas Scheme, 2020’ (hereinafter, the ‘scheme’) and had filed Form-1 & Form-2 before the Competent Authority and is awaiting the issue of Form No.3 from the Competent Authority. Therefore, taking into consideration the fact that since the assessee has opted for the Vivad Se Vishwas Scheme, there is no point in keeping the impugned appeal pending.
In the light of the aforesaid discussion, we treat this submission of the assessee informing the Tribunal the fact that assessee has opted for the said scheme, therefore, we allow the assessee to withdraw the impugned appeal. In case, if the competent authority as per the scheme does not accept the assessee’ proposal to opt for the Vivad Se Vishwas Scheme, 2020, then the assessee is at liberty to move an application for recalling this order. With the aforesaid caveat, we allow the assessee to withdraw the captioned appeal. Priti Tulshan Assessment Year: 2014-15
Needless to say that the aforesaid action allowing the assessee to withdraw the appeal, will not come in the way of the competent authority of Revenue to accept the assessee’ said option/scheme for availing “Vivad Se Vishwas Scheme, 2020”.
In the result, the appeal of assessee is dismissed as withdrawn. Order is pronounced in the open court on 21.06.2021.
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