What did the Tribunal hold?

The Tribunal granted the assessee's application to withdraw the appeals. This was based on the assessee's decision to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020.

The assessee filed two appeals against orders of the CIT(A). The assessee later applied for withdrawal of these appeals.

What were the issues?

Whether the assessee's appeals should be withdrawn due to settlement under the Vivad Se Vishwas Act.

Kamala Fincon Pvt Ltd vs DCIT | ITAT Kolkata 2021

Income Tax Appellate Tribunal, KOLKATA BENCH ‘(B

Before: SHRI P.M. JAGTAP, HON’BLE(KZ) & SHRI A.T. VARKEY, HON’BLE]

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH ‘(B)’, KOLKATA [BEFORE SHRI P.M. JAGTAP, HON’BLE VICE PRESIDENT (KZ) & SHRI A.T. VARKEY, HON’BLE JUDICIAL MEMBER] [THROUGH VIRTUAL COURT] & 404/Kol/2020 Assessment Year: 2010-11 & 2011-12 Kamala Fincon Pvt. Ltd.......................................................................................................Appellant Merlin Jasmine, 33/A, Chandranath Chatterjee Street, Jaggu Bazar, Kolkata – 700 025. [PAN: AABCK 0832 C] Vs DCIT, Circle – 10(1), Kolkata...................………………………………………....................Respondent Appearances by: None appearing on behalf of the Assessee. Smt. Ranu Biswas, ACIT, Sr. DR appearing on behalf of the Revenue. Date of concluding the hearing : February 12, 2021 Date of pronouncing the order : February 12, 2021 ORDER PER BENCH:

These two appeals filed by the assessee are directed against two separate orders of ld. Commissioner of Income Tax (Appeals)-4, Kolkata dated 03.12.2019 & 04.12.2019 respectively.

In this case, the Director of the assessee has moved an application dated 04.02.2021 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.

2 & 404/Kol/2020 Assessment Year: 2010-11 & 2011-12 Automobile Association of Eastern India 3 as per Section 5(1) of the Scheme accepting the assessee’s declaration under the same Scheme.

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 these appeals of the assessee are dismissed as withdrawn.

In the result, the appeals of the assessee are dismissed as withdrawn. Order Pronounced in the Open Court on 12th February, 2021.

KAMALA FINCON PVT LTD,KOLKATA vs. DCIT, CIR.-10(1), KOLKATA

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