What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw the appeals. The appeals were dismissed as withdrawn, with liberty to seek restoration if issues arise with the Vivad Se Vishwas Scheme certificate.

The assessee sought to withdraw appeals filed before the ITAT. The reason for withdrawal was the assessee's decision to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the assessee should be allowed to withdraw appeals due to opting for the Vivad Se Vishwas Scheme and potential issues with its implementation.

Nand Kishore Baheti (HUF) vs I.T.O., Ward-37(2) | ITAT Kolkata 2021

Income Tax Appellate Tribunal, ‘B(SMC

Before: Shri P.M. Jagtap, Vice-

These appeals filed by the assessee are directed against the orders of ld. Commissioner of Income Tax (Appeals)-11, Kolkata dated 27.06.2019.

In these cases, the assessee has moved an application dated 23.03.2021 seeking withdrawal of these appeals on the ground that the assessee has decided to settle the dispute involved in the said appeals under the Direct Tax Vivad Se Vishwas Act, 2020 and has duly filed the declarations in Form No. 1 and Form No. 2 but the Designated Authority has not issued the certificate in Form No. 3 as per Section 5(1) of the 1741 & 1742/KOL/2019 Assessment Years: 2014-2015, 2015-16 & 2015-16 Nand Kishore Baheti Scheme so far determining the tax payable by the assessee 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, I permit the assessee to withdraw these appeals and dismiss the appeals with the liberty to the assessee that in case, there is any problem in issuance of the certificate in Form No. 3 by the Designated Authority or any other such situation making the assessee not eligible to opt for the Vivad Se Vishwas Scheme, 2020, the assessee will have the liberty to approach this Tribunal with a request for restoration of these appeals.

In the result, all the appeals filed by the assessee are dismissed as withdrawn. Order pronounced in the open Court on April 16, 2021.

NAND KISHORE BAHETI (HUF),KOLKATA vs. I.T.O.,WARD-37(2), KOLKATA

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