MR. RAJEEV JHUNJHUNWALA,HOWRAH vs. ITO, WARD - 47(2), KOLKATA

PDF · subscribers
ITA 2397/KOL/2018Status: DisposedITAT Kolkata22 February 2021AY 2015-162 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw the appeals, acknowledging their compliance with the Vivad Se Vishwas Scheme. The assessee was granted liberty to seek restoration if issues arose with the certificate issuance.

What were the facts?

The assessee wished to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020, and had filed the necessary declarations. However, the Designated Authority had not yet issued the certificate in Form No. 3.

What were the issues?

Whether the assessee's compliance with the Vivad Se Vishwas Scheme warrants withdrawal of appeals pending certificate issuance.

Which sections of the Income-tax Act were involved?

Section 5(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C(SMC

Before: Shri P.M. Jagtap, Vice-

These appeals filed by the assessee are directed against the orders of ld. Commissioner of Income Tax (Appeals)-14, Kolkata both dated 31.08.2018.

2.

In this case, the ld. Authorized Representative for the assessee submitted that he has decided to settle the dispute involved in the said appeals 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 him under the same Scheme. & 2397/KOL/2018 Assessment Years: 2014-2015 & 2015-2016 Rajeev Jhunjhunwala

3.

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 these appeals and dismiss the appeals 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, it will have the liberty to approach this Tribunal with a request for restoration of these appeals.

4.

In the result, both the appeals filed by the assessee are dismissed as withdrawn. Order pronounced in the open Court on February 22, 2021.

More judgments on Section 5(1)

All 1,811 judgments and leading authorities on Section 5(1) →

Recent GST High Court judgments

Search GST case law →