What did the Tribunal hold?

The Tribunal granted the assessee's request to withdraw the appeal. The appeal was dismissed as withdrawn after the assessee complied with the Vivad Se Vishwas Scheme.

The assessee company filed an appeal before the ITAT. The assessee later sought to withdraw the appeal to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the assessee is permitted to withdraw its appeal to settle the dispute under the Vivad Se Vishwas Act, 2020.

M/S. Antriksh Vyapaar Ltd. vs DCIT | ITAT Kolkata 2021

Income Tax Appellate Tribunal, KOLKATA ‘B’ BENCH, KOLKATA

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

Per Shri P.M. Jagtap, Vice-President:- This appeal filed by the assessee is directed against the order of ld. Commissioner of Income Tax (Appeals)-4, Kolkata dated 25.09.2017.

In this case, Shri Rajeeva Kumar, Authorized Representative of the assessee-Company has moved an application dated 25.08.2021 seeking withdrawal of this appeal on the ground that they have 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 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by the Authorized Representative of the assessee-Company is granted and this appeal of the assessee is dismissed as withdrawn.

In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open Court on August 27, 2021. Sd/- Sd/- (A.T. Varkey) (P.M. Jagtap) Judicial Member Vice-President Kolkata, the 27th day of August, 2021 Copies to : (1) M/s. Antriksh Vyapaar Ltd., Vaibhav, 4, Lee Road, 5th Floor, Kolkata-700020 (2) Deputy Commissioner of Income Tax, Circle-12(1), Kolkata, Aayakar Bhawan, 7th Floor, P-7, Chowringhee Square, Kolkata-700069 (3) Commissioner of Income Tax (Appeals)-4, Kolkata, (4) Commissioner of Income Tax , (5) The Departmental Representative (6) Guard File

M/S. ANTRIKSH VYAPAAR LTD.,KOLKATA vs. DCIT, CIRCLE - 12(1), KOLKATA, KOLKATA

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