RITESH CONSTRUCTION PVT. LTD.,KOLKATA vs. I.T.O.,WARD-8(3), KOLKATA
What did the Tribunal hold?
The Tribunal granted the assessee's application for withdrawal. The appeal was dismissed as withdrawn after the assessee complied with the requirements of the Vivad Se Vishwas Scheme.
What were the facts?
The assessee filed an appeal before the ITAT. The Director of the assessee company sought to withdraw the appeal to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020.
What were the issues?
Whether the assessee can withdraw an appeal to settle the dispute under the Vivad Se Vishwas Act. The compliance with the scheme's requirements for withdrawal.
Which sections of the Income-tax Act were involved?
Direct Tax Vivad Se Vishwas Act, 2020
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C(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)-23, Kolkata dated 18.06.2019.
In this case, the Director of the assessee-Company has moved an application dated 05.03.2021 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: 2015-2016 Ritesh Construction Pvt. Limited
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permission as sought by the Director of the assessee-Company is granted and this appeal of the assessee is dismissed as withdrawn.
In the result, the appeal filed by the assessee is dismissed as withdrawn.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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