SRI SANJAY TIWARI,KOLKATA vs. ITO, WARD - 50(3), KOLKATA
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted that the assessee had opted for the Vivad Se Vishwas scheme and Form 3 had been issued. Therefore, there was no point in keeping the appeal pending.
What were the facts?
The assessee filed an appeal before the ITAT for AY 2014-15. The assessee later opted for the Direct Tax Vivad Se Vishwas Act scheme and received Form 3 from the competent authority.
What were the issues?
Whether the appeal should be kept pending when 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, “B” BENCH: KOLKATA
Before: Shri J. Sudhakar Reddy, AM & Shri A. T. Varkey, JM]
ORDER Per Bench: This is an appeal preferred by the assessee against the order of Ld. CIT(A)- 15, Kolkata dated 05.10.2018 for AY 2014-15.
None appeared on behalf of the assessee. At the outset, it is noticed from the letter of the assessee dated 16.12.2020 that the assessee had filed Form 1 and 2 under the Direct Tax Vivad Se Vishwas Act in respect of this appeal 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 AY 2014-15, there is no point in keeping the impugned appeal pending. In the light of the aforesaid discussion and the fact that assessee has opted for the said scheme and Form 3 has been issued by the Department, therefore, we allow the assessee to withdraw the impugned appeal.
In the result, the appeal of assessee is dismissed as withdrawn. Order is pronounced in the open court.
JSd/- ((J.S. Reddy) Sd/- (A. T. Varkey) Accountant Member Judicial Member Dated: 08.01.2021 1 | P a g e JD, Sr. PS Copy of the order forwarded to:
1. 1. Appellant- Shri Sanjay Tiwari, BE-67, Sector-1, Salt Lake City, Kolkata-700 064.
2. Respondent- ITO, Ward-50(3), Kolkata 3. The CIT(A)- 15, Kolkata (sent through e-mail) 4. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)
Recent GST High Court judgments
Search GST case law →- Tyre Center vs. The Superintendent Of CGSTAndhra Pradesh · 26 Oct 2026
- M/S Monolith Resorts Private Limited vs. The CommissionerUttarakhand · 26 Oct 2026
- Sutlej Textiles And Industries Limited vs. Union Of INDIARajasthan · 26 Oct 2026
- M/S. Ut Corp vs. Union Of INDIARajasthan · 26 Oct 2026
- Sunrise Engineering vs. The State Of Andhra PradeshAndhra Pradesh · 26 Oct 2026