N L BEDIA HUF,KOLKATA vs. I.T.O.,WARD-49(3), KOLKATA

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ITA 1908/KOL/2019Status: DisposedITAT Kolkata12 March 2021AY 2011-122 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal granted the assessee's request to withdraw the appeal. This was based on the assessee's compliance with the Vivad Se Vishwas Scheme, 2020.

What were the facts?

The assessee filed an appeal before the ITAT. The Karta of the assessee-HUF later sought to withdraw the appeal. This was due to a decision to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the assessee is permitted to withdraw an appeal due to settlement under the Vivad Se Vishwas Scheme.

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, ‘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)-15, Kolkata dated 03.06.2019.

2.

In this case, the Karta of the assessee-HUF has moved an application dated 08.03.2021 seeking withdrawal of this appeal on the ground that the he 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 and the Designated Authority has issued the certificate in Form No. 3 as per Section 5(1) of the Scheme accepting the assessee’s declaration under the same Scheme.

Assessment Year: 2011-2012 N.L. Bedia HUF

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, the permission as sought by the Karta of the assessee-HUF is granted and this appeal of the assessee is dismissed as withdrawn.

4.

In the result, the appeal filed by the assessee is dismissed as withdrawn.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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