M/S J.J.AUTOMOTIVE LTD.,KOLKATA vs. D.C.I.T.,CIRCLE-8(1), KOLKATA

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ITA 347/KOL/2019Status: DisposedITAT Kolkata15 January 2021AY 2012-132 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 noted that the assessee had opted for the Vivad Se Vishwas scheme and Form 3 was issued. Therefore, there was no point in keeping the appeals pending.

What were the facts?

The assessee filed appeals before the ITAT for assessment years 2012-13, 2014-15, and 2015-16. The assessee subsequently opted for the Direct Tax Vivad Se Vishwas Act scheme.

What were the issues?

Whether the appeals should be dismissed as withdrawn since the assessee has opted for the Vivad Se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Direct Tax Vivad Se Vishwas Act

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, KOLKATA

Before: Shri P.M. Jagtap(KZ) &Shri A. T. Varkey, JM]

Pronounced: 15.01.2021

ORDER Per Bench: All these appeals have been preferred by the assessee against the separate orders of the Ld.CIT(A)-3, Kolkata dated 02.01.2019, 02.05.2019 and 08.05.2019 for AYs 2012-13, 2014-15 and 2015-16 respectively.

2.

None appeared on behalf of the assessee. At the outset, it is noticed from the letter of the Ld. AR of the assessee Shri Arvind Agrawal dated 06.01.2021 that the assessee had filed Form 1 and 2 under the Direct Tax Vivad Se Vishwas Act in respect of all these appeals and the competent authority has issued form no. 3, a copy of the said letter along with Form No. 3 is available in file, which is before us. Therefore, taking into consideration the fact that since the assessee has opted for the Scheme for the AYs 2012-13, 2014-15 & 2015-16, there is no point in keeping the impugned appeal pending. In the light of the aforesaid discussion and the fact that assessee has ,1534-1535/Kol/2019 J. J. Automotive Ltd., AYs 2012-13, 2014-15 & 2015-16 opted for the said scheme and Form 3 has been issued by the Department, therefore, we allow the assessee to withdraw the impugned appeals. 3. In the result, all the appeals of assessee are dismissed as withdrawn. Order is pronounced in the open court.

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