M/S ASANSOL TOWERS PVT. LTD.,KOLKATA vs. ITO, WARD-3(1), KOLKATA, KOLKATA

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ITA 1203/KOL/2017Status: DisposedITAT Kolkata19 March 2021AY 2012-132 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The Tribunal permitted the assessee to withdraw the appeal, dismissing it as withdrawn. The assessee was granted liberty to seek restoration if issues arose with the Vivad Se Vishwas certificate.

What were the facts?

The assessee decided to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020. Declarations were filed, but the certificate in Form No. 3 had not yet been issued by the Designated Authority.

What were the issues?

The primary issue was the assessee's intention to settle the dispute under the Vivad Se Vishwas Act and the procedural status of the settlement certificate.

Which sections of the Income-tax Act were involved?

Section 5(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH ‘(C

Before: SHRI P.M. JAGTAP, HON’BLE(KZ) & SHRI A.T. VARKEY, HON’BLE]

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH ‘(C)’, KOLKATA [BEFORE SHRI P.M. JAGTAP, HON’BLE VICE PRESIDENT (KZ) & SHRI A.T. VARKEY, HON’BLE JUDICIAL MEMBER] [THROUGH VIRTUAL COURT] Assessment Year: 2012-13 M/s. Asansol Towers Pvt. Ltd............................................................................................Appellant 10, Government Place (East), Kolkata – 700 069. [PAN: AAJCA 1268 N] Vs ITO, Ward – 3(1), Kolkata...................……………………………………….........................Respondent Appearances by: Shri Miraj D Shah, AR appearing on behalf of the Assessee. Smt. Ranu Biswas, ACIT, Sr. DR appearing on behalf of the Revenue. Date of concluding the hearing : March 19, 2021 Date of pronouncing the order : March 19, 2021 ORDER PER BENCH:

This appeal filed by the assessee is directed against the order of ld. Commissioner of Income Tax (Appeals)-9, Kolkata dated 28.02.2019.

2.

In this case, the ld. Counsel for the assessee submitted that the assessee has decided to settle the dispute involved in the appeal under the Direct Tax Vivad Se Vishwas Act, 2020. He also stated that he 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 Scheme so far determining the tax payable by the assessee under the same Scheme.

Assessment Year: 2012-13 M/s. Asansol Towers Pvt. Ltd.

3.

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, we permit the assessee to withdraw this appeal and dismiss the appeal 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, he will have the liberty to approach this Tribunal with a request for restoration of this appeal.

4.

In the result, the appeal of the assessee is dismissed as withdrawn. Order Pronounced in the Open Court on 19th March, 2021.

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