SRI AKSHAT BOTHRA,KOLKATA vs. I.T.O.,WARD-34(2), KOLKATA
What did the Tribunal hold?
The Tribunal granted the permission sought by the assessee to withdraw the appeal. The appeal was dismissed as withdrawn after the assessee complied with the requirements of the Vivad Se Vishwas Scheme.
What were the facts?
The assessee filed an appeal before the ITAT. Subsequently, the assessee moved an application seeking withdrawal of the appeal. This was due to the assessee deciding to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020.
What were the issues?
Whether the assessee can withdraw the appeal to settle the dispute under the Vivad Se Vishwas Act, 2020.
Which sections of the Income-tax Act were involved?
Section 5(1) of the Vivad Se Vishwas Act, 2020
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C(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)-10, Kolkata dated 30.01.2019.
In this case, Shri Anil Kumar Kochar, Advocate of the assessee has moved an application dated 19.02.2021 seeking withdrawal of this appeal on the ground that the assessee 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 Shri Akshat Bothra
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Scheme, 2020, the permission as sought by the assessee is granted and this appeal of the assessee is dismissed as withdrawn.
In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open Court on February 23, 2021.
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