D.C.I.T.,CENTRAL CIRCLE-2(4), KOLKATA vs. M/S FUTURE PLUS ENTERPRISES, KOLKATA

This appeal preferred by the revenue is against the order of Ld. CIT(A)-20, Kolkata dated 20-02-2019 for assessment year 2016-17.

At the outset, the Ld. AR Shri S. K. Tulsiyan, Advocate drew our attention to the fact that the respondent-assessee has decided to opt for the Direct Tax Vivad Se Vishwas Scheme, 2020 (hereinafter, the ‘scheme’). Since the assessee-appellant has decided to opt for the ‘Vivad Se Vishwas Scheme, 2020’ for the assessment year 2016-17, there is no point in keeping the impugned appeals pending though it is that of the Revenue. We note that even in Revenue Appeal, the assessee can opt for the scheme and if the competent authority authorised by the scheme accepts the assessee’s proposal, then subject to remittance of tax and in accordance to the scheme, then Revenue can seek withdrawal of its Appeal.

In the light of the aforesaid discussion, we treat this information given at the Bar before us, though in virtual hearing that assessee intends to opt for the said scheme and therefore, we direct the assessee to file the requisite Forms necessary to opt for the scheme and mean while the impugned appeal is treated as dismissed as withdrawn. And in any case, if the competent authority as per the scheme does not accept the assessee’s intention/proposal

Needless to say that our aforesaid action treating the Revenue Appeal to be withdrawn in the light of the assessee undertaking to opt for the scheme, will not come in the way of the competent authority of Revenue to accept the assessee’s said option/scheme for availing “Vivad Se Vishwas Scheme, 2020’ or rejecting it in accordance to scheme/ law.

In the result, the appeal of revenue is treated as dismissed being withdrawn as discussed supra. Order is pronounced in the open court on 13th October, 2020 Sd/- Sd/- P. M. Jagtap) (Aby. T. Varkey) Vice President Judicial Member Dated :13th October, 2020 Jd.(Sr.P.S.) Copy of the order forwarded to: