VINDHYAWASINI REFRACTORIES PVT. LTD.,BURDWAN vs. ACIT, CIR.3, ASANSOL

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ITA 575/KOL/2020Status: DisposedITAT Kolkata02 August 2021AY 2010-112 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal granted the assessee's application for withdrawal. The appeal was dismissed as withdrawn after the assessee complied with the requirements of the Vivad Se Vishwas Scheme.

What were the facts?

The assessee company filed an appeal before the ITAT. The Director of the company subsequently applied to withdraw the appeal. This withdrawal was sought on the grounds that the dispute was settled under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to settlement under the Vivad Se Vishwas Act, 2020.

Which sections of the Income-tax Act were involved?

Section 5(1)

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), Asansol dated 28.08.2020.

2.

In this case, The Director of the assessee-company has moved an application dated 29.07.2021 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.

Vindhyawasini Refractories Pvt. Limited

3.

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permission as sought by the Director of the assessee-company is granted and this appeal of the assessee is dismissed as withdrawn.

4.

In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open Court on August 02, 2021. Sd/- (P.M. Jagtap) Vice-President Kolkata, the 2nd day of August, 2021 Copies to : (1) Vindhyawasini Refractories Pvt. Limited, 41, Netaji Subhash Road, Raniganj, Burdwan--713304 (2) Assistant Commissioner of Income Tax, Circle-3, Asansol, Aayakar Bhawan, Sahana Apartment, Lower Chelidanga, Asansol-713304, West Bengal (3) Commissioner of Income Tax (Appeals), Asansol, (4) Commissioner of Income Tax , (5) The Departmental Representative (6) Guard File

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