SHRI NAVEEN PARMANANDKA,KOLKATA vs. A.C.I.T.,CIRCLE-44, KOLKATA

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ITA 81/KOL/2020Status: DisposedITAT Kolkata06 November 2020AY 2014-152 pages
AI SummaryDismissed

What did the Tribunal hold?

The tribunal allowed the assessee to withdraw the appeal, noting that there was no point in keeping it pending given the assessee's intention to utilize the Vivad Se Viswas Scheme. The assessee was granted liberty to recall the order if the scheme was not accepted or if they changed their mind.

What were the facts?

The assessee informed the tribunal that they intended to opt for the Direct Tax Vivad Se Viswas Scheme, 2020, and were in the process of filing the necessary declarations. The appeal was pending before the tribunal.

What were the issues?

The primary issue was whether the pending appeal should be kept alive when the assessee intended to settle the matter under the Vivad Se Viswas Scheme.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH: KOLKATA

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

Pronounced: 06.11.2020

ORDER Per Shri A.T. Varkey, JM:

This is an appeal preferred by the assessee against the order of Ld.CIT(A)-13, Kolkata dated 28.10.2019 for 2014-15.

2.

At the outset, the Ld. Counsel for the assessee Shri S. M. Surana brought to our notice that the assessee has opted for the Direct Tax Vivad Se Viswas Scheme, 2020 (hereinafter, the ‘scheme’). According to the counsel, the assessee is in the process of filing declaration in Form 1 and 2 before the competent authority. In the light of the aforesaid submission, since the assessee intends to opt and is in the process of taking steps as per the scheme of Direct Tax Vivad Se Viswas Scheme, 2020, there is no point is keeping the impugned appeal pending.

3.

In the light of the aforesaid discussion, we treat this submission informing us the fact that assessee is contemplating to opt for the scheme by filing Form-1 & Form- 2, So we allow the assessee to withdraw the captioned appeal. In case, if the 1 | P a g e

Shri Naveen Parmanandka A.Y. 2014-15 competent authority as per the scheme does not accept the assessee’s action of filing Form 1 and 2 of the Vivad Se Viswas Scheme, 2020, or if the assessee changes his mind, not to opt for the scheme, then the assessee is at liberty to move applications for recalling this order. With the aforesaid caveat, we allow the assessee to withdraw the captioned appeal.

4.

Needless to say that our aforesaid action allowing the assessee to withdraw the appeal, will not preclude the competent authority of Revenue to accept the assessee’s said option / scheme for availing “Vivad Se Viswas Scheme, 2020”.

5.

In the result, appeal of the assessee is dismissed as withdrawn.

Order is pronounced in the open court on 06.11.2020.

Sd/- Sd/- (J(((P. M. Jagtap) (A. T. Varkey) Vice President Judicial Member Dated: 06.11.2020 SB, Sr. PS Copy of the order forwarded to:

1. 1. Appellant- Shri Naveen Parmanandka, C/o, Tirupati Yarn Traders, Saraswati Plaza, 3rd Floor, 14/3, Rupchand Roy Street, Burrabazar, Kolkata.

2. Respondent- ACIT, Circle-44, Kolkata 3. The CIT(A)- 13, Kolkata (sent through e-mail) 4. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)

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