What did the Tribunal hold?

The Tribunal granted the assessee's request to withdraw the appeal. The settlement under the Vivad Se Vishwas Scheme was accepted as valid grounds for withdrawal.

The assessee filed an appeal before the ITAT. The assessee later sought to withdraw the appeal to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether an appeal can be withdrawn due to settlement under the Vivad Se Vishwas Act. The validity of the settlement process under the Act.

Jinesh Kumar Jain, HUF vs ITO | ITAT Kolkata 2021

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)-10, Kolkata dated 28.02.2019.

In this case, ld. Advocate of the assessee-HUF has moved an application dated 25.02.2021 seeking withdrawal of this appeal on the ground that 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 Assessment Year: 2015-2016 Jinesh Kumar Jain HUF Section 5(1) of the Scheme accepting the assessee’s declaration under the same Scheme.

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Scheme, 2020, the permission as sought by the assessee is granted and this appeal of the assessee is dismissed as withdrawn.

In the result, the appeal filed by the assessee is dismissed as withdrawn.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 February 25, 2021.

JINESH KUMAR JAIN, HUF,KOLKATA vs. ITO, WARD - 35(2), KOLKATA, KOLKATA

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

Recent GST High Court judgments