EESHA GARG BENEFIT TRUST,KOLKATA vs. I.T.O.WARD-25(1), KOLKATA
What did the Tribunal hold?
The Tribunal permitted the assessee to withdraw the appeal, acknowledging their compliance with the Vivad Se Vishwas Scheme. The appeal was dismissed as withdrawn.
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 of tax payable.
What were the issues?
The primary issue was the assessee's eligibility and compliance with the Vivad Se Vishwas Scheme for dispute resolution.
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)-7, Kolkata dated 24.04.2019.
In this case, ld. Authorized Representative of the assessee at the time of hearing stated that the assessee has decided to settle the dispute involved in the said appeal under the Direct Tax Vivad Se Vishwas Act, 2020 and 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 it under the same Scheme.
Assessment Year: 2014-2015 Eesha Garg Benefit Trust
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In the result, the appeal filed by the assessee is dismissed as withdrawn.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 04, 2021.
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