DCIT, CIRCLE-1(1), KOLKATA, KOLKATA vs. M/S MARSHALL SONS & CO.(INDIA) LTD., KOLKATA

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ITA 1791/KOL/2016Status: DisposedITAT Kolkata06 April 2021AY 2010-112 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The Tribunal accepted the assessee's submission that the appeal should be deemed withdrawn due to the opting for the Vivad Se Vishwas scheme. The appeal was dismissed with a caveat that it could be restored if the scheme option was not accepted.

What were the facts?

The assessee opted for the 'Vivad Se Vishwas Act, 2020' scheme and filed the necessary forms. Consequently, the assessee requested the Revenue's appeal to be deemed withdrawn as per the scheme's provisions.

What were the issues?

Whether the Revenue's appeal should be deemed withdrawn consequent to the assessee opting for the Vivad Se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Vivad Se Vishwas Act, 2020 Section 4(2)

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: 06.04.2021

ORDER Per Shri A. T. Varkey, JM:

This is an appeal preferred by the Revenue is against the order of Ld. CIT(A)-1, Kolkata dated 22.06.2016 for Assessment year 2010-11.

2.

The assessee vide its letter dated 24.03.2021 submitted that it has opted for the scheme under “Vivad Se Vishwas Act, 2020” (hereinafter the Scheme). The assessee states that it has already filed Form No. 1 and 2 before the competent authority. Further the assessee submits that since the assessee has preferred to opt for the scheme, as per Section 4(2) of the “Vivad Se Vishwas Act, 2020”, the Revenue appeal should be deemed to have been withdrawn. In the light of the aforesaid facts, the Ld. A.R of the assessee Shri M.D.Shah requests that the Revenue appeal be dismissed as withdrawn.

3.

The Ld. D.R has no objection to the Revenue appeal being dismissed as withdrawn.

M/s Marshall Sons & Co. (India) Pvt. Ltd. A.Y. 2010-11 4. In view of the submissions of both the parties, the Revenue appeal is dismissed as deemed to have been withdrawn. However, in case the assessee’s proposal to opt for the scheme is not accepted by the competent authority as per the scheme, then the assessee should bring that fact to the notice of this Tribunal/AO and the department to take action to restore the appeal/recall of this order. With this caveat, the revenue’s appeal is deemed to have been dismissed.

5.

In the result, the appeal of the revenue is treated as dismissed.

Order is pronounced in the open court.

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