BENGAL CREDIT CORPORATION PVT. LTD.,HOWRAH vs. A.C.I.T., CIRCLE-14(2), KOLKATA
What did the Tribunal hold?
The Tribunal granted the assessee's application to withdraw the appeal. This was permitted because the assessee had opted to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020.
What were the facts?
The assessee company filed an appeal before the ITAT. The Director of the assessee company later filed an application seeking withdrawal of the appeal.
What were the issues?
Whether an appeal can be withdrawn by the assessee after opting for settlement under the Vivad Se Vishwas Scheme.
Which sections of the Income-tax Act were involved?
Direct Tax Vivad Se Vishwas Act, 2020
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA ‘C’ BENCH, KOLKATA
Before: Shri P.M. Jagtap, Vice-(KZ) & Shri A.T. Varkey
Per Shri P.M. Jagtap, Vice-President (KZ):- This appeal filed by the assessee is directed against the order ld. Commissioner of Income Tax (Appeals)-5, Kolkata dated 15.01.2019.
In this case, the Director of the assessee-company has moved an application dated 20.03.2021 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 A.Y. 2014-2015 Bengal Credit Corporation (P) Limited 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permission as sought by the Director of the assessee-company is granted and this appeal of the assessee is dismissed as withdrawn.
In the result, the appeal filed by the assessee is dismissed as withdrawn.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 April 23, 2021.
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