K.N.VYAPAAR LIMITED (NOW AMALGAMATED WITH N.S.FERTILISERS PVT. LTD.),KOLKATA vs. I.T.O.,WARD-4(4), KOLKATA

PDF · subscribers
ITA 2043/KOL/2019Status: DisposedITAT Kolkata16 April 2021AY 2014-152 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal granted the permission sought by the assessee's director to withdraw the appeal. The appeal was dismissed as withdrawn due to the settlement under the Vivad Se Vishwas Scheme.

What were the facts?

The assessee filed an appeal against the order of the CIT(A). The Director of the assessee company sought to withdraw the appeal. This withdrawal was sought on the grounds that the dispute was settled under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the appeal can be withdrawn as settled under the Vivad Se Vishwas Act, 2020.

Which sections of the Income-tax Act were involved?

Direct Tax Vivad Se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A(SMC

Before: Shri Satbeer Singh Godara

This appeal filed by the assessee is directed against the order of ld. Commissioner of Income Tax (Appeals)-19, Kolkata dated 24.06.2019.

2.

In this case, Shri Narayan Saraf, Director of N.S. (Fertilizers) Pvt. Limited has moved an application dated 19.03.2021 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 same Scheme.

Assessment Year: 2014-2015 K.N. Vyapaar Pvt. Limited (Amalgamated with N.S. Fertilizers Pvt. Limited)

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permission as sought by the Director of the assessee-company is granted and this appeal of the assessee is dismissed as withdrawn.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In the result, the appeal filed by the assessee is dismissed as withdrawn.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 April 16, 2021.

Recent GST High Court judgments

Search GST case law →