P.JAINEX TRADE & FINANCE PVT. LTD.,KOLKATA vs. I.T.O.,WARD-9(3), KOLKATA

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ITA 1595/KOL/2019Status: DisposedITAT Kolkata01 April 2021AY 2014-152 pages
AI SummaryDismissed

What did the Tribunal hold?

The tribunal granted the assessee's request to withdraw the appeal. This was based on the assessee's compliance with the Direct Tax Vivad Se Vishwas Act, 2020.

What were the facts?

The assessee filed an appeal against an order of the Commissioner of Income Tax (Appeals). The assessee's director later applied to withdraw the appeal.

What were the issues?

Whether the appeal should be withdrawn due to settlement under the Vivad Se Vishwas Act. The primary issue was the assessee's compliance with the scheme.

Which sections of the Income-tax Act were involved?

Section 5(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A(SMC

Before: Shri P.M. Jagtap, Vice-

This appeal filed by the assessee is directed against the order of ld. Commissioner of Income Tax (Appeals)-15, Kolkata dated 13.03.2019.

2.

In this case, the Director of the assessee-company has moved an application dated 01.04.2021 seeking 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 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 P. Jainex Trade & Finance 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permission as sought by the Director of the assessee-company is granted and this appeal of the assessee is dismissed as withdrawn.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In the result, the appeal filed by the assessee is dismissed as withdrawn.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 01, 2021.

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