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Income Tax Appellate Tribunal, “A” BENCH: KOLKATA
Before: Shri J. Sudhakar Reddy, AM & Shri A. T. Varkey, JM]
ORDER Per Shri A. T. Varkey, JM:
This appeal preferred by the assessee is against the order of Ld. CIT(A)-20, Kolkata dated 30.01.2019 for Assessment year 2013-14.
At the outset, the Ld. A.R of the Assessee Shri Miraj D Shah submitted that the assessee has opted for the Direct Tax Vivad Se Viswas Scheme, 2020 (hereinafter, the ‘scheme’) by filing Form No. 1 and 2 and is awaiting the decision of the competent authority as per the scheme. In the light of the above fact, we are of the opinion that there is no point in keeping the appeal pending, therefore we allow the assessee to withdraw the appeal.
In case if the competent authority under the scheme does not accept the offer of the assessee as envisaged under the scheme, then the assessee is at liberty to file an application for re-calling this order or for restoration of the appeal.
M/s Skyview Dealtrade Pvt. Ltd. A.Y. 2013-14 4. Needless to say that our action of allowing the assessee to withdraw this appeal will not come in the way of the competent authority under the scheme to accept the offer and to issue appropriate Form No. 3etc.
In the result, the appeal of the assessee is dismissed as withdrawn.
Order is pronounced in the open court on 6th May, 2021.