PUSPAK DEVELOPERS PRIVATE LIMITED,KOLKATA vs. ITO, WARD- 7(2), KOLKATA, KOLKATA

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ITA 1325/KOL/2018Status: DisposedITAT Kolkata12 February 2021AY 2012-132 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 granted the assessee's request to withdraw the appeal. This was based on the assessee's decision to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the facts?

The assessee company filed an appeal before the ITAT. The Director of the assessee company subsequently filed an application seeking withdrawal of the appeal.

What were the issues?

Whether the assessee's appeal should be dismissed as withdrawn due to settlement under the Vivad Se Vishwas Scheme.

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, ‘B’ BENCH, KOLKATA

Before: Shri P.M. Jagtap, Vice- & Shri A.T. Varkey

Per Bench:- This appeal filed by the assessee is directed against the order of ld. Commissioner of Income Tax (Appeals)-3, Kolkata, dated 14.02.2017.

2.

In this case, the Director of the assessee-company has moved an application dated 08.02.2021 seeking withdrawal of this appeal on the ground that it 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: 2012-2013 Puspak Developers Private Limited Section 5(1) of the Scheme accepting the assessee’s declaration under the same Scheme.

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Scheme, 2020, the permission as sought by the assessee is granted and this appeal of the assessee is dismissed as withdrawn.

4.

In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open Court on February 12, 2021.

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