What did the Tribunal hold?

The Tribunal noted that the assessee had opted for the Vivad Se Vishwas Scheme and therefore, there was no point in keeping the appeal pending. The appeal was dismissed as withdrawn.

The assessee opted for the Direct Tax Vivad Se Vishwas Act for the assessment year 2009-2010. The Revenue had filed an appeal against the order of the CIT(Appeals).

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.

ACIT vs Shri Sankar Dutta | ITAT Kolkata 2021

Income Tax Appellate Tribunal, ‘A’ BENCH, KOLKATA

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

Date of concluding the hearing : February 12, 2021 Date of pronouncing the order : February 12, 2021

O R D E R Per Bench:- This appeal filed by the Revenue is directed against the order of ld. Commissioner of Income Tax (Appeals)-6, Kolkata dated 19.09.2018.

At the outset, ld. Authorized Representative of the assessee has submitted vide his letter dated 05.02.2021 that the assessee had filed Form 1 & 2 under the Direct Tax Vivad Se Vishwas Act in respect of this appeal and the Revenue has issued Form 3 and the copy of the same is available in file, which is before us. Therefore, taking into consideration the fact that since the assessee has opted for the Scheme for the AY 2009- 10, there is no point in keeping the impugned appeal pending.

Assessment Year: 2009-2010 Shri Sankar Dutta

In the light of the aforesaid discussion, we treat this submission of the A/R of the assessee informing the Tribunal the fact that assessee has decided to opt for the said Scheme, therefore, we dismiss the appeal of the Revenue. In case, if the competent authority as per the scheme does not accept the assessee’s proposal to opt for the Vivad Se Vishwas Scheme, 2020, then the Revenue is at liberty to move an application for recalling this order. With the aforesaid caveat, we allow the revenue to withdraw the captioned appeal.

Needless to say that our aforesaid action allowing the revenue to withdraw the appeal, will not come in the way of the competent authority of Revenue to accept the assessee’s said option/scheme for availing “Vivad Se Vishwas Scheme, 2020”.

In the result, the appeal of the Revenue is dismissed as withdrawn. Order pronounced in the open Court on February 12, 2021.

ACIT, CIRCLE - 22, KOLKATA vs. SHRI SANKAR DUTTA, KOLKATA

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

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