THE WEST BENGAL STATE CO-OPT. BANK LTD.,KOLKATA vs. ACIT,(TDS) CIRCLE - 59, KOLKATA, KOLKATA

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ITA 562/KOL/2019Status: DisposedITAT Kolkata08 January 2021AY 2003-042 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 allowed the assessee to withdraw the appeals as they had opted for the Vivad Se Vishwas Scheme. The withdrawal is subject to the scheme's acceptance by the competent authority.

What were the facts?

The assessee, The West Bengal State Co-operative Bank Ltd., had appealed against orders for AY 2002-03 and 2003-04. The assessee later opted for the Direct Tax Vivad Se Vishwas Scheme, 2020.

What were the issues?

The primary issue was whether the pending appeals should be kept alive after the assessee opted for the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH: KOLKATA

Before: Shri J. Sudhakar Reddy, AM & Shri A. T. Varkey, JM]

Pronounced: 08.01.2021

ORDER Per Bench:

These appeals are preferred by the assessee against the separate orders of Ld. CIT(A)-24, Kolkata dated 19.12.2018 for AY 2002-03 & 2003-04 respectively.

2.

None appeared on behalf of the assessee. At the outset, it is noticed that an application for withdrawal of appeal dated 29.12.2020 has been placed in file wherein the Ld. AR of the assessee has stated that the assessee had opted for Direct Tax Vivad Se Vishwas Scheme, 2020 (hereinafter, the ‘scheme’) and had filed Form-1 & Form-2 before the Competent Authority and is awaiting the issue of Form No. 3 from the Competent Authority. Therefore, taking into consideration the fact that since the assessee has opted for the Scheme for the AYs 2002-03 and 2003-04, there is no point in keeping the impugned appeals pending. &562/Kol/2019 The West Bengal State Co-operative Bank Ltd. A.Y. 2002-03 & 2003-04 3. In the light of the aforesaid discussion, we treat this submission of the Ld. AR of the assessee informing the Tribunal the fact that assessee has opted for the said scheme, therefore, we allow the assessee to withdraw the impugned appeals. 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 assessee is at liberty to move an application for recalling this order. With the aforesaid caveat, we allow the assessee to withdraw the captioned appeals. 4. Needless to say that our aforesaid action allowing the assessee to withdraw the appeals, will not come in the way of the competent authority of Revenue to accept the assssee’s said option/scheme for availing “Vivad Se Vishwas Scheme, 2020”. 5. In the result, the appeals of assessee are dismissed as withdrawn. Order is pronounced in the open court. Sd/- Sd/- (J((J.S. Reddy) (A. T. Varkey) Accountant Member Judicial Member Dated: 08.01.2021 JD, Sr. PS Copy of the order forwarded to:

1. 1. Appellant- The West Bengal State Co-operative bank Ltd., 24A, Waterloo Street, Kolkata-700069.

2. Respondent- ACIT(TDS), Circle-59, Kolkata 3. The CIT(A)- , Kolkata (sent through e-mail) 4. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)

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