SNEHLATA ANCHALIA,HOWRAH vs. I.T.O.,WARD-46(1), KOLKATA
What did the Tribunal hold?
The Tribunal permitted the assessee to withdraw the appeal due to compliance with the Vivad Se Vishwas Scheme. The appeal was dismissed as withdrawn with liberty to seek restoration if issues arise with the scheme's certificate.
What were the facts?
The assessee decided to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020 and filed the necessary declarations. However, the Designated Authority had not yet issued the certificate under the scheme.
What were the issues?
Whether the assessee's appeal should be withdrawn and dismissed due to opting for the Vivad Se Vishwas Scheme, pending issuance of the final certificate.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A(SMC
Before: Shri P.M. Jagtap, Vice-
This appeal filed by the assessee is directed against the order of ld. Commissioner of Income Tax (Appeals)-14, Kolkata dated 07.03.2019.
In this case, the assessee has stated vide his application dated 02.03.2021 that she has 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 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: 2014-2015 Snehlata Anchalia
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 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, the assessee will have the liberty to approach this Tribunal with a request for restoration of this appeal.
In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open Court on March 12, 2021.
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- Amish Anantrai Modi, Mumbai vs Central Circel 2(1), MumbaiITA 6281/MUM/2025[2011-2012]Status: Disposed9 Dec 2025AY 2011-2012
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