M/S SKYVIEW DEALTRADE PRIVATE LIMITED,SILIGURI vs. D.C.I.T., CC-2(2), KOLKATA

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ITA 638/KOL/2019Status: DisposedITAT Kolkata06 May 2021AY 2013-142 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee to withdraw the appeal, stating there was no point in keeping it pending. The assessee was granted liberty to seek restoration if the scheme offer was not accepted.

What were the facts?

The assessee opted for the Direct Tax Vivad Se Viswas Scheme, 2020, and filed the necessary forms. The assessee requested to withdraw the appeal pending the decision of the competent authority under the scheme.

What were the issues?

Whether the appeal should be withdrawn by the assessee due to opting for the Vivad Se Viswas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH: KOLKATA

Before: Shri J. Sudhakar Reddy, AM & Shri A. T. Varkey, JM]

Pronounced: 06.05.2021

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.

2.

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.

3.

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.

5.

In the result, the appeal of the assessee is dismissed as withdrawn.

Order is pronounced in the open court on 6th May, 2021.

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