M/S EAST INDIA BUSINESS CENTRE PRIVATE LIMITED,KOLKATA vs. DEPUTY COMMISSIONER OF INCOME TAX - CIRCLE 7(1), KOLKATA

PDF · subscribers
ITA 1953/KOL/2019Status: DisposedITAT Kolkata24 September 2021AY 2008-092 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 allowed the assessee to withdraw the appeal, subject to the condition that if the scheme proposal is not accepted, the assessee can apply for recalling the order. The withdrawal does not prevent the revenue from accepting the scheme.

What were the facts?

The assessee opted for the Vivad Se Vishwas Scheme, 2020 and received Form No. 3 from the Competent Authority. The assessee informed the Tribunal about this development.

What were the issues?

The primary issue was the pendency of the appeal after the assessee opted for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH: KOLKATA

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

Pronounced: 24.09.2021

ORDER Per Shri P. M. Jagtap, Vice-President:

This appeal has been preferred by the assessee against the order of the Ld.CIT(A)-3, Kolkata dated 23.04.2019.

2.

None appeared on behalf of the assessee. At the outset, it is noticed from the letter of the assessee dated 07.09.2021 that the assessee has opted for Direct Tax Vivad Se Vishwas Scheme, 2020 (hereinafter, the ‘scheme’) and has filed Form-1, Form-2 before the Competent Authority and pursuant to which the assessee has received Form No.3 from the Competent Authority. Therefore, taking into consideration the fact that since the assessee has opted for the Scheme and is in receipt of Form no. 3, there is no point in keeping the impugned appeal pending.

3.

In the light of the aforesaid discussion, we treat this submission of the assessee informing the Tribunal the fact that assessee has opted for the said scheme and is in receipt of Form no.3, therefore, we allow the assessee to withdraw the captioned

2 M/s East India Business Centre Pvt. Ltd. Year: 2008-09 appeal with a caveat that in case, if the competent authority under the scheme, does not accept the proposal of assessee to opt for the scheme, then the assessee is at liberty to move an application for recalling this order. With the aforesaid caveat, we allow the assessee to withdraw the captioned appeal.

4.

Needless to say that the aforesaid action allowing the assessee to withdraw the appeal, will not come in the way of the competent authority of Revenue to accept the assessee’s said option/scheme for availing “Vivad Se Vishwas Scheme, 2020” provided the assessee remits the tax due as per Form no. 3 of the Scheme.

5.

In the result, the appeal of assessee is dismissed as withdrawn.

Order is pronounced in the open court on 24th September, 2021

Sd/- Sd/- (A. T. Varkey) (P. M. Jagtap) Judicial Member Vice-President Dated: 24.09.2021 RS Copy of the order forwarded to:

1. 1. Appellant- M/s East India Business Centre Pvt. Ltd., 1st Floor, The Legacy, 25A, Shakespeare Sarani, Kolkata-700017.

2. Respondent – DCIT, Circle-7(1), Kolkata 3. The CIT(A)-20, Kolkata 4. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)

Recent GST High Court judgments

Search GST case law →