ITO, WARD-10(1), KOLKATA, KOLKATA vs. M/S. AMRIT DHARA VINIMAY PRIVATE LIMITED, KOLKATA

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ITA 409/KOL/2017Status: DisposedITAT Kolkata16 July 2021AY 2012-133 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that since the assessee complied with the Vivad Se Vishwas Scheme, the appeal filed by the Revenue and the cross-objection filed by the assessee have become infructuous.

What were the facts?

The assessee opted for settlement under the Vivad Se Vishwas Scheme, 2020. The required declarations and payment of tax were duly completed by the assessee.

What were the issues?

Whether the appeal and cross-objection are to be dismissed as withdrawn due to the assessee's settlement under the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

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

Before: SHRI P.M. JAGTAP, HON’BLE VICE-(KZ) & SHRI A.T. VARKEY, HON’BLE]

order : July 16, 2021 O R D E R PER P.M. JAGTAP, VICE-PRESIDENT (KZ): This appeal filed by the Revenue is directed against the order of Ld. CIT(A) – 4, Kolkata dated 04.01.2017 and the same is being disposed of along with the Cross-Objection filed the assessee being CO. No. 40/Kol/2017.

CO No. 40/Kol/2017 (A.Y. 2012-13) M/s. Amrit Dhara Vinimay Pvt. Ltd.

2.

As submitted by the ld. counsel for the assessee, the assessee has opted for settlement of the dispute involved in this appeal of the Revenue under Vivad Se Vishwas Scheme, 2020. He has submitted that the required declarations in Form No. 1 & 2 under the said scheme have already been filed by the assessee and certificate in Form 3 in response to the said declaration has already been issued by the Designated Authority, Pr. CIT, Kolkata – 2 determining the tax payable by the assessee. He has also placed on record a copy of Form No. 3 as well as a copy of Form 4 evidencing the payment of tax by the assessee as determined by the competent authority. The assessee thus has duly complied with the requirements to avail the benefit of Vivad Se Vishwas Scheme and this appeal filed by the Revenue thus is liable to be dismissed as withdrawn as sought by the ld. counsel for the assessee and agreed by the ld. DR. As agreed by the ld. representatives of both the sides, even the cross- objection filed by the assessee has consequently become infructuous and the same is also liable to be dismissed.

3.

In the result, the appeal of the Revenue & Cross Objection of the assessee both are dismissed.

1.

Order Pronounced in the Open Court on 16th July, 2021. Sd/- Sd/- (A.T.VARKEY) (P.M. JAGTAP) JUDICIAL MEMBER VICE PRESIDENT Dated: 16/07/2021 Biswajit, Sr. PS

CO No. 40/Kol/2017 (A.Y. 2012-13) M/s. Amrit Dhara Vinimay Pvt. Ltd.

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