JAGDISH PRASAD AGARWAL HUF,KOLKATA vs. I.T.O.,WARD-37(2), KOLKATA
What did the Tribunal hold?
The Tribunal granted the assessee's request for withdrawal. The appeal was dismissed as withdrawn due to the settlement under the Vivad Se Vishwas Scheme.
What were the facts?
The assessee 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. The necessary declarations and certificates under the scheme were duly filed and issued.
What were the issues?
Whether an appeal can be withdrawn if the dispute is settled under the Vivad Se Vishwas Act, 2020.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA ‘C(SMC
Before: Shri P.M. Jagtap, Vice-
This appeal filed by the assessee is directed against the order of ld. Commissioner of Income Tax (Appeals)-11, Kolkata dated 03.06.2019.
In this case, Shri P.K. Himmatsinghka, Authorized Representative of the assessee has moved an application dated 31.07.2021 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as sought by the Authorized Representative of the assessee is granted and this appeal of the assessee is dismissed as withdrawn.
In the result, the appeal filed by the assessee is dismissed as withdrawn.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 13, 2021. Sd/- (P.M. Jagtap) Vice-President Kolkata, the 13th day of August, 2021 Copies to : (1) Jagdish Prasad Agarwal HUF, C/o. Sinhal Trading, C-9, 3rd Floor, Central Plaza, 41, B.B. Ganguly Street, Kolkata-700012 (2) Income Tax Officer, Ward-37(2), Kolkata, 3, Government Place, Kolkata-700001
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