S J FABRICSS PRIVATE LIMITED,KOLKATA vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(2), KOLKATA

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ITA 1550/KOL/2019Status: DisposedITAT Kolkata12 March 2021AY 2010-112 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal granted the assessee's application for withdrawal of the appeal. This was based on the assessee's compliance with the requirements of the Vivad Se Vishwas Scheme, 2020.

What were the facts?

The assessee filed an appeal before the ITAT. Subsequently, the assessee sought to withdraw the appeal as they decided to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020. The necessary declarations and certificates under the scheme were duly filed and issued.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for settlement under the Vivad Se Vishwas Act, 2020.

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, ‘B(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)-23, Kolkata dated 22.04.2019.

2.

In this case, the Director of the assessee-Company has moved an application dated 03.03.2021 seeking withdrawal of this appeal on the ground that the 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: 2010-2011 S.J. Febricss 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permission as sought by the Director of the assessee-Company is granted and this appeal of the assessee is dismissed as withdrawn.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In the result, the appeal filed by the assessee is dismissed as withdrawn.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 March 12, 2021.

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