What did the Tribunal hold?

The tribunal allowed the assessee to withdraw the appeal because the assessee had opted for the Vivad Se Vishwas Scheme. The assessee can reapply to recall the order if the scheme proposal is not accepted.

The assessee opted for the Direct Tax Vivad Se Vishwas Scheme, 2020, and had filed the necessary forms. The assessee informed the tribunal about this decision while the appeal was pending.

What were the issues?

Whether an appeal should be kept pending when the assessee has opted for a settlement scheme like Vivad Se Vishwas.

Sdb Commercial Traders vs I.T.O., Ward-31(1) | ITAT Kolkata 2021

Income Tax Appellate Tribunal, “C(SMC

Before: Shri A. T. Varkey, JM]

Pronounced: 05.04.2021

ORDER This is an appeal preferred by the assessee against the order of Ld. CIT(A)-09, Kolkata dated 24.06.2019 for AY 2013-14.

At the outset, Ld. AR for the assessee Shri Miraj D. Shah 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 2013-14, there is no point in keeping the impugned appeal pending.

In the light of the aforesaid discussion, we treat this submission of the Ld. AR 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’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.

SDB Commercial Traders, AY 2013-14 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”.

In the result, the appeal of assessee is dismissed as withdrawn.

Order is pronounced in the open court.

SDB COMMERCIAL TRADERS,KOLKATA vs. I.T.O.,WARD-31(1), KOLKATA

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

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