SHASHADHAR COLD STORAGE PVT. LTD.,GHATAL vs. A.C.I.T.,CIRCLE-38, MIDNAPORE
What did the Tribunal hold?
The Tribunal noted that the assessee had opted for the Vivad Se Vishwas Scheme and intended to withdraw the appeal. Therefore, the appeal was allowed to be withdrawn, with a caveat for restoration if the scheme proposal was not accepted.
What were the facts?
The assessee had filed an appeal before the ITAT. Subsequently, the assessee opted for the Direct Tax Vivad Se Vishwas Scheme, 2021. The assessee informed the tribunal about this decision and their intention to withdraw the appeal.
What were the issues?
The primary issue was the pendency of the appeal before the tribunal when the assessee had opted for a dispute resolution scheme.
Which sections of the Income-tax Act were involved?
Not Applicable
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH: KOLKATA
Before: Shri P.M. Jagtap, Vice-(KZ) & Shri A. T. Varkey, JM]
ORDER
Per Shri A. T. Varkey, JM:
This is an appeal preferred by the assessee against the order of Ld. CIT(A)- 11, Kolkata dated 30.08.2019 for Assessment year 2012-13.
At the outset, we note that the assessee vide letter dated 10.03.2021 has informed us that it has already opted for Direct Tax Vivad Se Vishwas Scheme, 2021 (hereinafter, the ‘scheme’) and intends to withdraw the appeal we note that the assessee has filed form No. 1 and Form No. 2 before the competent authority. Therefore, there is no point in keeping the assessee’s appeal pending. However, in case for any reason, the competent authority under the scheme does not accept the proposal of the assessee under the scheme, then the assessee can move an application for restoration of appeal. With the aforesaid caveat, we allow the assessee to withdraw the captioned appeal.
Needless to say that our aforesaid action allowing the assessee to withdraw the appeal, will not come in the way of the competent authority of Revenue to accept the assssee’s said option/scheme for availing “Vivad Se Vishwas Scheme, 2021”.
Shashadhar Cold Storage Pvt. Ltd. A.Y. 2012-13 5. In the result, the appeal of assessee is dismissed as withdrawn.
Order is pronounced in the open court on 16th March, 2021. Sd/- Sd/- (P.M.Jagtap) (A. T. Varkey) Vice-President Judicial Member
Dated: 16.03.2021 SB, Sr. PS Copy of the order forwarded to: 1. Appellant- Shashadhar Cold Storage Pvt. Ltd., village Chandrakona, Jhakra, Ghatal, Paschim Medinipur-721254.
2. Respondent – ACIT, Circle-38, Midnapore 3. The CIT(A)- 11, Kolkata (sent through e-mail) 4. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)
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