M/S MUKTANANDA COMMERCIAL PVT. LTD.,KOLKATA vs. I.T.O.WARD-1(4), KOLKATA

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ITA 761/KOL/2019Status: DisposedITAT Kolkata05 February 2021AY 2014-152 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal granted the assessee's request to withdraw the appeal. This was due to the assessee having complied with the requirements of the Vivad Se Vishwas Scheme and obtaining a certificate from the Designated Authority.

What were the facts?

The assessee filed an appeal before the ITAT against an order of the CIT(A). The assessee later sought to withdraw the appeal. This was based on their decision to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the assessee is entitled to withdraw their appeal due to opting for settlement under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Direct Tax Vivad Se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH, KOLKATA

Before: Shri P.M. Jagtap, Vice- & Shri A.T. Varkey

Per Bench:- This appeal filed by the assessee is directed against the order of ld. Commissioner of Income Tax (Appeals)-10, Kolkata dated 28.02.2019.

2.

In this case, the Authorized Representative of the assessee has moved an application dated 28.01.2021 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 Assessment Year: 2014-2015 Muktananda Commercial Pvt. Ltd. Section 5(1) of the Scheme accepting the assessee’s declaration under the same Scheme.

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Scheme, 2020, the permission as sought by the assessee is granted and this appeal of the assessee is dismissed as withdrawn.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In the result, the appeal filed by the assessee is dismissed as withdrawn.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 February 05, 2021.

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