What did the Tribunal hold?

The Tribunal granted the assessee's request for withdrawal. The appeal was dismissed as withdrawn after the assessee complied with the requirements of the Vivad Se Vishwas Scheme.

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

What were the issues?

Whether the assessee can withdraw an appeal to settle the dispute under the Vivad Se Vishwas Act, 2020.

M/S. Biswanath Industries Ltd. vs DCIT | ITAT Kolkata 2021

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

Before: Shri P.M. Jagtap, Vice- & Shri A.T. Varkey

Per Shri A.T. Varkey, Judicial Member:- This appeal filed by the assessee is directed against the order of ld. Commissioner of Income Tax (Appeals)-7, Kolkata dated 10.10.2019.

In this case, Authorised Representative of the assessee-company has moved an application dated 19.07.2021 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

M/s. Bishwanath Industries Limited declaration under the same Scheme. Payment of tax was supported by documentary evidence on record.

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by the Authorized Representative of the assessee-company is granted and this appeal of the assessee is dismissed as withdrawn.

In the result, the appeal filed by the assessee is dismissed as withdrawn.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 July 22, 2021. Sd/- Sd/- (P.M. Jagtap) (A.T. Varkey) Vice-President Judicial Member Kolkata, the 22nd day of July, 2021 Copies to : (1) M/s. Bishwanath Industries Limited, 16, India Exchange Place, Kolkata-700001 (2) Income Tax Officer, Ward-5(2), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 (3) Commissioner of Income Tax (Appeals)-7, Kolkata, (4) Commissioner of Income Tax , (5) The Departmental Representative (6) Guard File

M/S. BISWANATH INDUSTRIES LTD.,KOLKATA vs. DCIT, CIRCLE - 5(2), KOLKATA, KOLKATA

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