DEEPA NANGIA NAYAR,KOLKATA vs. A.C.I.T., CIRCLE-61, KOLKATA

PDF · subscribers
ITA 229/KOL/2019Status: DisposedITAT Kolkata27 August 2021AY 2015-162 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee to withdraw the appeal as they had opted for the Vivad Se Vishwas Scheme. The assessee was granted liberty to recall the order if the scheme proposal was not accepted.

What were the facts?

The assessee had appealed an order for AY 2015-16. During the pendency of the appeal, the assessee opted for the Direct Tax Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether an appeal should be withdrawn when the assessee has opted for the Vivad Se Vishwas Scheme, 2020.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH: KOLKATA

Before: Shri P. M. Jagtap & Shri A. T. Varkey]

Pronounced: 27.08.2021

ORDER

Per Shri A. T. Varkey, JM:

1.

This is an appeal preferred by the assessee against the order of the Ld. CIT(A)-19, Kolkata dated 15.11.2018 for AY 2015-16 .

2.

At the time of hearing the Ld. Counsel for the assessee Shri Chirag Desai, CA has submitted that the assessee has opted for Direct Tax Vivad Se Vishwas Scheme, 2020 (hereinafter, the ‘scheme’) and had filed Form-1 & Form-2 before the Competent Authority and is awaiting the issue of Form No. 3 from the Competent Authority. In this respect an application for withdrawal of appeal dated 11.08.2021 on behalf of the assessee is placed in file. Therefore, taking into consideration the fact that since the assessee has opted for the Scheme for the AY 2015-16, 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, therefore, we allow the assessee to withdraw the impugned appeal. In case, if the competent authority as per the scheme does not accept the assessee’s proposal to opt for the Vivad Se Vishwas Scheme, 2020, 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.

Deepa Nangia Nayar, AY 2015-16 4. Needless to say that our aforesaid action allowing the assessee to withdraw the appeal, will not come in the way of the competent authority of Revenue to accept the assssee’s said option/scheme for availing “Vivad Se Vishwas Scheme, 2020”.

5.

In the result, the appeal of assessee is dismissed as withdrawn.

Order is pronounced in the open court. Sd/- Sd/- (P. M. Jagtap) (A. T. Varkey) Vice President Judicial Member Dated: 27th August, 2021 Jd, Sr. PS Copy of the order forwarded to:

1. 1. Appellant- Ms. Deepa Nangia Nayar, 9B, Panchsheel Apartment, 41/1B, Jhowtala Road, Beck Bagan, Kolkata-700 019.

Recent GST High Court judgments

Search GST case law →