NITYANAND SONTHALIA,KOLKATA vs. D.C.I.T.,CENTRAL CIRCLE-1(4), KOLKATA

In both the cases, the ld. Counsel for the assessee submitted that the assessee has decided to settle the dispute involved in the said appeals under the Direct Tax Vivad Se Vishwas Act, 2020. The ld. Counsel stated that the assessee has duly filed the declarations in Form No. 1 and Form No. 2 but the Designated Authority has not issued the certificate in Form No. 3 as per Section 5(1) of the Scheme so far determining the tax payable by the assessee under the same Scheme.

Keeping in view these facts and circumstances of the cases including especially the fact that the assessee has duly complied with the necessary requirements under Vivad Se Vishwas Scheme, 2020, we permit the assessee to withdraw these appeals and dismiss the appeals with the liberty to the assessee that in case, there is any problem in issuance of the certificate in Form No. 3 by the Designated Authority or any other such situation making the assessee not eligible to opt for the Vivad Se Assessment Year: 2014-2015 & Assessment Year: 2014-2015 Nityanand Sonthalia Vishwas Scheme, 2020, it will have the liberty to approach this Tribunal with a request for restoration of these appeals.

In the result, both the appeals filed by the assessee are dismissed as withdrawn. Order pronounced in the open Court on November 02, 2020.