RAJ KUMAR AGARWAL,KOLKATA vs. D.C.I.T., CIRCLE-1(1), KOLKATA

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ITA 732/KOL/2019Status: DisposedITAT Kolkata27 October 2020AY 2014-152 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw the appeal. The appeal was dismissed as withdrawn with liberty to seek restoration if issues arise with the Vivad Se Vishwas Scheme certificate.

What were the facts?

The assessee intended to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020. The assessee had filed the necessary declarations but had not yet received the certificate from the Designated Authority.

What were the issues?

Whether the appeal should be withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme. The procedural status of the Vivad Se Vishwas Scheme declaration.

Which sections of the Income-tax Act were involved?

Section 5(1)

AI-generated summary — verify with the full judgment below

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

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

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)-1, Kolkata dated 05.03.2019.

2.

In this case, the ld. Counsel for the assessee submitted that the assessee has decided to settle the dispute involved in the said appeal 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 Assessment Year: 2014-2015 Raj Kumar Agarwal No. 3 as per Section 5(1) of the Scheme so far determining the tax payable by the assessee under the same Scheme.

3.

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, we permit the assessee to withdraw this appeal and dismiss the appeal 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 Vishwas Scheme, 2020, it will have the liberty to approach this Tribunal with a request for restoration of this appeal.

4.

In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open Court on October 27, 2020.

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