BHARAT KUMAR JHUNJHUNWALA HUF,KOLKATA vs. A.C.I.T,CIRCLE-46, KOLKATA

PDF · subscribers
ITA 853/KOL/2019Status: DisposedITAT Kolkata16 June 2021AY 2015-162 pages
AI SummaryDismissed

What did the Tribunal hold?

The tribunal allowed the assessee to withdraw the appeal, subject to the condition that if the Vivad Se Vishwas Scheme proposal is not accepted, the assessee can apply for recalling the order.

What were the facts?

The assessee opted for the Direct Tax Vivad Se Vishwas Scheme, 2020, and had filed the necessary forms. They informed the tribunal about their decision to withdraw the appeal.

What were the issues?

The primary issue was whether the appeal should be kept pending when the assessee had opted for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A(SMC

Before: Shri A. T. Varkey, JM]

Pronounced: 16.06.2021

ORDER This is an appeal preferred by the assessee against the order of Ld. CIT(A)-14, Kolkata dated 27.02.2019 for AY 2015-16.

2.

At the outset, the Ld. Counsel for the assessee Shri Amit Agarwal, has submitted that the assessee has 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 Scheme for the AY 2015-16, there is no point in keeping the impugned appeal pending.

3.

In the light of the aforesaid discussion, I treat this submission of the assessee informing the Tribunal the fact that assessee has opted for the said scheme, therefore, I allow the assessee to withdraw the impugned appeal. In case, if the competent authority as per the scheme does not accept the assessee’s 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, I allow the assessee to withdraw the captioned appeal.

Bharat Kumar Jhunjhunwala, HUF, AY 2015-16 4. Needless to say that my aforesaid action allowing the assessee to withdraw the appeal, will not come in the way of the competent authority of Revenue to accept the assssee’s said option/scheme for availing “Vivad Se Vishwas Scheme, 2020”.

5.

In the result, the appeal of assessee is dismissed as withdrawn.

Order is pronounced in the open court.

Recent GST High Court judgments

Search GST case law →