What did the Tribunal hold?

The Tribunal granted the permission sought by the assessee's Director to withdraw the appeal. The appeal was dismissed as withdrawn due to compliance with the Vivad Se Vishwas Scheme.

The assessee company filed an appeal against the order of the CIT(A). The Director of the assessee company 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Whether the appeal can be withdrawn as settled under the Vivad Se Vishwas Act, 2020. The primary issue was the assessee's compliance with the settlement scheme.

Hemnav Ventures Pvt. Ltd. vs I.T.O., Ward-13(2) | ITAT Kolkata 2021

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

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

Date of concluding the hearing : July 22, 2021 Date of pronouncing the order : July 22, 2021

O R D E R Per Shri P.M. Jagtap, Vice-President:- This appeal filed by the assessee is directed against the order of ld. Commissioner of Income Tax (Appeals)-5, Kolkata dated 20.09.2019.

In this case, Shri Jayantilal Jain, Director/Authorised Signatory of the assessee-company has moved an application 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

Hemnav Ventures Pvt. 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permission as sought by the Director of the assessee-company is granted and this appeal of the assessee is dismissed as withdrawn.

In the result, the appeal filed by the assessee is dismissed as withdrawn.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/- (A.T. Varkey) (P.M. Jagtap) Judicial Member Vice-President Kolkata, the 22nd day of July, 2021 Copies to : (1) Hemnav Ventures Pvt. Limited, 122A, Chittaranjan Avenue, Ganpati Chambers, 2 nd Floor, Kolkata-700073 (2) Income Tax Officer, Ward-13(2), Kolkata, Aayakar Bhawan Poorva, 110, Shanti Pally, Kolkata-700107 (3) Commissioner of Income Tax (Appeals)-5, Kolkata, (4) Commissioner of Income Tax , (5) The Departmental Representative (6) Guard File

HEMNAV VENTURES PVT. LTD.,KOLKATA vs. I.T.O.,WARD-13(2), KOLKATA

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