SHRI ANAND KOTHARI,KOLKATA vs. I.T.O.,WARD-34(2), KOLKATA

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ITA 2004/KOL/2019Status: DisposedITAT Kolkata27 August 2021AY 2015-162 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal granted the assessee's request for withdrawal of the appeal. This was based on the assessee's compliance with the requirements of the Vivad Se Vishwas Scheme, 2020.

What were the facts?

The assessee filed an appeal against an order of the CIT(A). The assessee later sought to withdraw the appeal, stating a decision to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether an appeal can be withdrawn if the dispute is settled under the Vivad Se Vishwas Act. The assessee's compliance with the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Direct Tax Vivad Se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH ‘C’, KOLKATA

Before: SHRI P.M. JAGTAP, HON’BLE VICE-(KZ) &

order : August 27, 2021 O R D E R MS. MADHUMITA ROY, JM: This appeal filed by the assessee is directed against order of ld. Commissioner of Income Tax (Appeals)- 10, Kolkata dated 26.06.2019.

2.

In this case, the Authorised Representative of the assessee has moved an application seeking withdrawal of this appeal on the ground that he has 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 (A.Y. 2015-16) Shri Anand Kothari certificate in Form No. 3 as per Section 5(1) of the Scheme accepting the assessee’s declaration under the same Scheme.

3.

Keeping in view these facts and circumstances of the case 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Scheme, 2020, the permission as sought by the assessee is granted and this appeal of the assessee is dismissed as withdrawn.

4.

In the result, the appeal of the assessee is dismissed as withdrawn.

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