JAGDISH PRASAD AGARWAL,KOLKATA vs. I.T.O.,WARD-37(2), KOLKATA

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ITA 2381/KOL/2019Status: DisposedITAT Kolkata03 August 2021AY 2015-162 pages
AI SummaryWithdrawn

What did the Tribunal hold?

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 The appeal was dismissed as withdrawn due to the assessee's compliance with the Vivad Se Vishwas Scheme.

What were the facts?

The assessee filed an appeal against the CIT(A) order. The assessee subsequently sought to withdraw the appeal. This withdrawal was based on the assessee's 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Whether an appeal can be withdrawn if the dispute is settled under the Vivad Se Vishwas Act, 2020.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: 2015-16 Jagdish Prasad Agarwal.....................................................................................................Appellant C/o. Sinhal Trading, C-9, 3rd Floor, Central Plaza, 41, B.B. Ganguly Street, Kolkata – 700 012. [PAN: ACYPA 6962 F] Vs ITO, Ward – 37(2), 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 03, 2021 Date of pronouncing the order : August 03, 2021 ORDER

This appeal filed by the assessee is directed against the order of ld. Commissioner of Income Tax (Appeals)-11, Kolkata dated 30.07.2019.

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: 2015-16 Jagdish Prasad Agarwal 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 3rd August, 2021.

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