What did the Tribunal hold?

The Tribunal noted that the assessees had opted for the Vivad Se Vishwas Scheme and Form 3 had been issued. Therefore, it was deemed unnecessary to keep the appeals pending.

The assessees had filed appeals before the ITAT. Subsequently, they opted for the "Vivad Se Vishwas Scheme" and received Form No. 3 from the competent authority, indicating their eligibility for the scheme.

What were the issues?

Whether the appeals should be kept pending when the assessees have opted for the Vivad Se Vishwas Scheme and have been issued Form 3.

Manish Satnaliwala vs A.C.I.T., Circle-61 | ITAT Kolkata 2021

Income Tax Appellate Tribunal, “B”

Before: Sri J. Sudhakar Reddy & Sri A.T. Varkey

Heard together (4 matters)

I.T.A. No.1962/Kol/2019

I.T.A. No.1519/Kol/2019

I.T.A. No.05/Kol/2021

M.A No.05/Kol/2021

Read from the judgment's own cause title. This page is filed under one of them.

Date of concluding the hearing : March 05, 2021 Date of pronouncing the order : March 05, 2021

Manish Satnaliwala M/s Ambrella Cap Fin Pvt. Ltd I.T.A. No.05/Kol/2021& M.A No.05/Kol/2021 M/s Shyam Metalics and Energy Ltd.

ORDER Per Bench:- All these appeals filed by the assessee are directed against the separate orders of the ld. Commissioner of Income Tax (Appeals) (hereinafter the ‘ld. CIT(A)’) passed u/s 250 of the Income Tax Act, 1961 (the ‘Act’).

None appeared on behalf of the assessees. At the outset, it is noticed from the letters of the Ld. ARs of the assessees that the assessees had filed Form 1 and 2 under the Direct Tax Vivad Se Vishwas Act in respect of these appeal and the competent authority has issued Form no. 3, a copy of the said letters along with Form No. 3 is available in file, which is before us. Therefore, taking into consideration the fact that since the assessees have opted for the “Vivad Se Vishwas Scheme”, there is no point in keeping the impugned appeals pending. In the light of the aforesaid discussion and the fact that assessees have opted for the said scheme and Form 3 has been issued by the Department, therefore, we allow the assessees to withdraw the impugned appeals.

In the result, all the appeals of assessees are dismissed as withdrawn. Kolkata, the 5th March, 2021.

Sd/- Sd/- [A. T. Varkey] [J. Sudhakar Reddy] Judicial Member Accountant Member Dated : 05.03.2021 RS Copy of the order forwarded to: 1.(i) Manish Satnaliwala (ii) M/s Ambrella Cap Fin Pvt. Ltd (iii) M/s Shyam Metalics and Energy Ltd. 2.(i) ACIT, Circle-61, Kolkata (ii) ITO, Ward-9(4), Kolkata (iii) DCIT, Central Circle-1.1, Kolkata

Manish Satnaliwala M/s Ambrella Cap Fin Pvt. Ltd I.T.A. No.05/Kol/2021& M.A No.05/Kol/2021 M/s Shyam Metalics and Energy Ltd.

3. CIT(A)- 4. CIT- , 5. CIT(DR),

MANISH SATNALIWALA,KOLKATA vs. A.C.I.T.,CIRCLE-61, KOLKATA

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