SHROFF POLYCRAFT PVT. LTD.,MADHYAMGRAM vs. I.T.O.,WARD-14(4), KOLKATA

PDF · subscribers
ITA 61/KOL/2020Status: DisposedITAT Kolkata10 November 2020AY 2015-162 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw their appeal as it was covered under the Vivad Se Vishwas Scheme. The appeal was accordingly dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against an assessment order. During the hearing, the assessee submitted that their case was covered by the Vivad Se Vishwas Scheme.

What were the issues?

Whether the assessee's case is covered under the Vivad Se Vishwas Scheme, allowing for withdrawal of the appeal.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH: KOLKATA

Before: Shri Waseem Ahmed, Hon. AM & Smt. Madhumita Roy, Hon. JM]

The instant appeal filed by the assessee is directed against the order dated 20-11-2019 passed by the Ld. CIT(A)-5, Kolkata arising out of the assessment order dated 27-12-2017 passed by the I.T.O., Ward 14(4), Kolkata u/s. 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “ the Act”) for the Assessment Year 2015-16.

2.

In this case at the very outset, at the time of hearing it is noticed that the assessee vide an application dated 03-11-2020 ( copy of the same is available on record) submitted a written petition seeking that the assessee company’s case is covered by the Vivad Se Vishwas Scheme under the Scheme of “The Direct Tax Vivad Se Vishwas Scheme-2020”. In this context, the Ld. AR further prayed before us that the assessee herein may be permitted to withdraw this appeal , which is covered under the said scheme “The Direct Tax Vivad Se Vishwas Scheme-2020” and in such scenario, the assessee may be permitted to withdraw this appeal of the assessee. The Ld. DR did not object to the said prayer of the assessee.

3.

We have heard both the parties and perused the relevant records. We find that the assessee before us vide an application dated 03-11-20 stating therein submitted that the assessee company’s case is covered by the Vivad Se Vishwas Scheme under “The Direct Shroff Polycraft P.Ltd Tax Vivad Se Vishwas Scheme-2020”. Therefore, we permit the assessee to withdraw this appeal filed by the assessee. We order accordingly.

4.

In the result, the appeal of assessee ( AY 2015-16) is dismissed as withdrawn.

Order is pronounced in the open court on 10th November, 2020

Recent GST High Court judgments

Search GST case law →