SINHAL CORPORATION PVT. LTD.,KOLKATA vs. I.T.O.,WARD-9(4), KOLKATA

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ITA 340/KOL/2019Status: DisposedITAT Kolkata05 August 2021AY 2014-152 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal granted the assessee's request for withdrawal of the appeal. The appeal was dismissed as withdrawn due to the settlement under the Vivad Se Vishwas Scheme.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order. Subsequently, the assessee sought to withdraw the appeal as they had decided to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the assessee is entitled to withdraw the appeal due to settlement under the Vivad Se Vishwas Act, 2020.

Which sections of the Income-tax Act were involved?

Section 5(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH ‘(SMC

Before: SHRI P.M. JAGTAP, HON’BLE(KZ)

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH ‘(SMC)’, KOLKATA [BEFORE SHRI P.M. JAGTAP, HON’BLE VICE PRESIDENT (KZ) [THROUGH VIRTUAL COURT] Assessment Year: 2014-15 M/s. Sinhal Corporation Pvt. Ltd.....................................................................................Appellant 41, B.B. Ganguly Street, 3rd Floor, Room No. C-9, Central Plaza, Kolkata – 700 012. [PAN: AAJCS 1866 J] Vs ITO, Ward – 9(4), Kolkata...................………………………………………..........................Respondent Appearances by: None appearing on behalf of the Assessee. Shri Jayanta Khanra, JCIT, Sr. DR appearing on behalf of the Revenue. Date of concluding the hearing : August 05, 2021 Date of pronouncing the order : August 05, 2021 ORDER

This appeal filed by the assessee is directed against the order of ld. Commissioner of Income Tax (Appeals)-15, Kolkata dated 27.12.2018.

2.

In this case, Shri P.K. Himmatsinghka, Authorised Representative of the assessee has moved an application dated 30.07.2021seeking withdrawal of this appeal on the ground that the assessee 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 certificate in Form No. 3 as per Section 5(1) of the Scheme determining the tax payable by the assessee.

Assessment Year: 2014-15 M/s. Sinhal Corporation Pvt. Ltd. 3. 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 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. Order Pronounced in the Open Court on 5th August, 2021.

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