RAJMANDIR ESTATES PRIVATE LIMITED,KOLKATA vs. ACIT, CENTRAL CIRCLE-1(1), KOLKATA, KOLKATA

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ITA 1189/KOL/2017Status: DisposedITAT Kolkata17 August 2021AY 2013-142 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 appeal as the matter was settled under the Vivad Se Vishwas Scheme. The withdrawal is subject to the assessee completing the scheme process and remitting the due tax.

What were the facts?

The assessee opted for the Direct Tax Vivad Se Vishwas Scheme, 2020 and filed the necessary forms. The assessee received Form No. 3 from the Competent Authority, indicating their eligibility under the scheme.

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Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.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: 17.08.2021

ORDER Per Shri A. T. Varkey, JM:

This appeal has been preferred by the assessee against the order of the Ld.CIT(A)-20, Kolkata dated 22.03.2017.

2.

None appeared for the appellant. At the outset, it is noticed from the letter of the assessee dated 13.08.2021 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 pursuant to which the assessee had 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. In case, if in any case the assessee is not able to complete the process

Rajmandir Estates Pvt. Ltd. A.Y. 2013-14 envisaged in 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 assssee’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 17th August, 2021

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