A.K.CHOUDHARY (HUF),KOLKATA vs. I.T.O.,WARD-34(2), KOLKATA
What did the Tribunal hold?
The tribunal permitted the assessee to withdraw the appeal. The appeal was dismissed as withdrawn with liberty to seek restoration if issues arose with the scheme's certificate.
What were the facts?
The assessee informed the tribunal that it intended to settle the dispute under the Vivad Se Vishwas Scheme, 2020. Declarations were filed, but the certificate from the Designated Authority was pending.
What were the issues?
Whether the assessee can withdraw the appeal to pursue settlement under the Vivad Se Vishwas Scheme. The procedural aspect of obtaining the certificate under the scheme.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH, KOLKATA
Before: SHRI P.M. JAGTAP
आदेश / ORDER
This appeal is preferred by the assessee against the order of ld. Commissioner of Income Tax (Appeals)-10, Kolkata, dated 30-07-2019 for assessment year 2015-16.
The assessee in this case has filed a letter informing that it has decided to settle the dispute involved in this appeal under the Direct Tax – Vivad Se Vishwas Scheme, 2020. It has also submitted that the declarations / in Form No.1 and Form No.2 have already been filed, but the Designated Authority has not issued certificate in Form No.3 as per section 5(1) of the said Scheme so far, determining the tax payable by the assessee under the said Scheme.
Keeping in view the facts stated above including especially the fact that the assessee has duly complied with all necessary requirements under the Vivad Se Vishwas Scheme, 2020, we permit the assessee to withdraw this appeal and dismiss the said appeal with a liberty to the assessee that in case there is any problem in issuance of certificate in Form No.3 by the Designated Authority or any such other situation making the assessee not eligible to opt for the Vivad Se Vishwas Scheme, 2020, it will have the liberty to approach this Tribunal with a request for restoration of this appeal.
In the result, the appeal is dismissed as withdrawn.
Order pronounced in the open court on 23rd March, 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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