M/S SAVAR SOMANI MINOR BENEFICIARY TRUST,KOLKATA vs. I.T.O.,WARD-36(3), KOLKATA

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ITA 2038/KOL/2019Status: DisposedITAT Kolkata15 January 2021AY 2015-162 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal allowed the assessees to withdraw their appeals, considering their decision to opt for the Vivad Se Vishwas Scheme. The appeals were dismissed as withdrawn.

What were the facts?

The assessees had filed appeals before the ITAT. During the pendency of these appeals, they opted for the Vivad Se Vishwas Scheme, 2020. Consequently, they filed applications for withdrawal of their appeals.

What were the issues?

The primary issue was whether the appeals should be kept pending when the assessees had opted for a settlement scheme. The Tribunal considered the implications of the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC”

Before: Sri Sanjay Garg

Date of concluding the hearing : January 15, 2021 Date of pronouncing the order : January 15, 2021 ORDER All these appeals filed by the assessees are directed against the separate orders of the ld. Commissioner of Income Tax (Appeals) (hereinafter the ‘ld. CIT(A)’) passed u/s 250 of the Income Tax Act, 1961 (the ‘Act’).

2.

None appeared on behalf of the assessees. At the outset, it is noticed that an applications for withdrawal of appeals have been placed in file wherein the assessees have stated that the assessees had opted for Vivad Se Vishwas Scheme, 2020. Therefore, taking into consideration the fact that since the assessees have opted for the Vivad Se Vishwas Scheme, there is no point in keeping the impugned appeals pending. In case, if the competent authority does not accept the assessees’ proposal to opt for the Vivad Se Vishwas Scheme, 2020, then the assessees will be at liberty to move an application for recalling this order. Under the circumstances, I allow the assessees to withdraw the appeals.

5.

In the result, the appeals of assessees are dismissed as withdrawn.

Kolkata, the 15th January, 2021.

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