What did the Tribunal hold?

The tribunal dismissed the appeal as withdrawn. However, it was stipulated that the appeal would be restored if the assessee failed to avail the settlement under the "Vivad Se Vishwas Scheme" for technical reasons.

The assessee filed an appeal for assessment year 2012-13. The assessee informed the tribunal that they are availing settlement under the "Vivad Se Vishwas Scheme" and filed an application to this effect.

What were the issues?

The primary issue was the pendency of the appeal in light of the assessee opting for the Vivad Se Vishwas Scheme.

Kishanlal Jewellers & Sons Pvt… vs DCIT | ITAT Kolkata 2020

Income Tax Appellate Tribunal, KOLKATA BENCH “Viritual C-Court” KOLKATA

Before: Shri P.M. Jagtap, Vice- & Shri S.S.Godara

आदेश /O R D E R PER S.S.Godara, Judicial Member:- This assessee’s appeal for assessment year 2012-13 arises against the Commissioner of Income Tax (Appeals)-3, Kolkata’s order dated 12.12.2017, passed in case No.110/CIT(A)-3/Circle-9(1)/15-16/Kol u/s 143(3) of the Income Tax Act, 1961; in short ‘the Act’.

Learned Counsel submitted at the outset that the assessee is availing settlement under the “Vivad Se Vishwas Scheme”. He has also filed an Kishanlal Jewellers &Sons Pvt. Ltd. Vs. DCIT, Cir-9(1), Kol. Page 2 application From-3 Annexure “C” dated 13.10.2020 to this effect. Learned departmental representative does not raise any objection.

After hearing foregoing rival submissions, we dismiss the instant appeal as withdrawn with a rider that the same shall be restored in case the assessee fails to avail its settlement under the “Vivad Se Vishwas Scheme” for technical reasons.

KISHANLAL JEWELLERS & SONS PVT. LTD.,KOLKATA vs. DCIT, CIRCLE - 9(1), KOLKATA, KOLKATA

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Which sections of the Income-tax Act were involved?

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