MRIDUL EXPORTS PVT. LTD.,KOLKATA vs. I.T.O.,WARD-1(2), KOLKATA

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ITA 2012/KOL/2019Status: DisposedITAT Kolkata24 September 2021AY 2014-152 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee to withdraw the appeal, noting that there was no point in keeping it pending given the assessee's participation in the Vivad Se Vishwas Scheme. The withdrawal was subject to the caveat that if the scheme proposal was not accepted, the assessee could apply for recalling the order.

What were the facts?

The assessee had opted for the Direct Tax Vivad Se Vishwas Scheme, 2020 and received Form No. 3 from the Competent Authority. The assessee informed the Tribunal about this development.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH: KOLKATA

Before: Shri P. M. Jagtap, Vice-(KZ) & Shri A. T. Varkey, JM]

Pronounced: 24.09.2021

ORDER Per Shri P. M. Jagtap, Vice-President:

This appeal has been preferred by the assessee against the order of the Ld.CIT(A)-10, Kolkata dated 27.02.2019.

2.

None appeared on behalf of the assessee. At the outset, it is noticed from the letter of the assessee that the assessee has opted for Direct Tax Vivad Se Vishwas Scheme, 2020 (hereinafter, the ‘scheme’) and has filed Form-1, Form-2 before the Competent Authority and pursuant to which the assessee has received Form No.3 from the Competent Authority. Therefore, taking into consideration the fact that since the assessee has opted for the Scheme and is in receipt of Form no. 3, there is no point in keeping the impugned appeal pending.

3.

In the light of the aforesaid discussion, we treat this submission of the assessee informing the Tribunal the fact that assessee has opted for the said scheme and is in receipt of Form no.3, therefore, we allow the assessee to withdraw the captioned appeal with a caveat that in case, if the competent authority under the scheme, does

Assessment Year: 2014-15 Mridul Exports Pvt. Ltd. not accept the proposal of assessee to opt for the scheme, 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 appeal.

4.

Needless to say that the aforesaid action allowing the assessee 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” provided the assessee remits the tax due as per Form no. 3 of the Scheme.

5.

In the result, the appeal of assessee is dismissed as withdrawn.

Order is pronounced in the open court on 24th September, 2021

Sd/- Sd/- (A. T. Varkey) (P. M. Jagtap) Judicial Member Vice-President Dated: 24.09.2021 RS Copy of the order forwarded to:

1. 1. Appellant- Mridul Exports Pvt. Ltd., 2, Church Lane, 3rd Floor, Room No.302A, Oswal Chambers, Kol-1.

2. Respondent – ITO, Ward-1(2), Kolkata 3. The CIT(A)-20, Kolkata 4. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)

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