SHRI SHIV SHANKAR BANKA (HUF),KOLKATA vs. ITO, WARD - 50(3), KOLKATA
What did the Tribunal hold?
The Tribunal granted the assessee's application for withdrawal. The appeal was dismissed as withdrawn due to compliance with the Vivad Se Vishwas Scheme.
What were the facts?
The assessee filed an appeal against the order of the CIT(A). The Karta of the assessee-HUF sought withdrawal of the appeal to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020.
What were the issues?
Whether the appeal can be withdrawn to settle the dispute under the Vivad Se Vishwas Act. Compliance with the requirements of the Vivad Se Vishwas Scheme.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA ‘B’ BENCH, KOLKATA
Before: Shri P.M. Jagtap, Vice-(KZ) & Shri A.T. Varkey
Per Shri P.M. Jagtap, Vice-President:- This appeal filed by the assessee is directed against the order of ld. Commissioner of Income Tax (Appeals)-15, Kolkata dated 14.09.2018.
In this case, the Karta of the assessee-HUF has moved an application seeking withdrawal of this appeal on the ground that they have 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 Section 5(1) of the Scheme accepting the assessee’s declaration under the same Scheme.
Shri Shiv Shankar Banka (HUF)
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the permission as sought by the Karta of the assessee-HUF is granted and this appeal of the assessee is dismissed as withdrawn.
In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open Court on August 27, 2021. Sd/- Sd/- (A.T. Varkey) (P.M. Jagtap) Judicial Member Vice-President Kolkata, the 27th day of August, 2021 Copies to : (1) Shri Shiv Shankar Banka (HUF) C/o. Rajesh Mohan& Associates, Unit-18, Bagati House, 5th Floor, 34, Ganesh Chandra Avenue, Kolkata-700013 (2) Income Tax Officer, Ward-50(3), Kolkata, Uttarapan Building Complex, Ultadanga, Kolkata-700054 (3) Commissioner of Income Tax (Appeals)-15, Kolkata, (4) Commissioner of Income Tax , (5) The Departmental Representative (6) Guard File
More judgments on Section 5(1)
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- Amit Satpathy, Mumbai vs ITO-42(2)(1), MumbaiITA 5930/MUM/2025[2017-18]Status: Disposed27 Feb 2026AY 2017-18
- Amish Anantrai Modi, Mumbai vs Central Circel 2(1), MumbaiITA 6281/MUM/2025[2011-2012]Status: Disposed9 Dec 2025AY 2011-2012
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