M/S SARAF COMPANY PVT. LTD.,KOLKATA vs. I.T.O,WARD-9(4), KOLKATA

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ITA 1432/KOL/2019Status: DisposedITAT Kolkata01 October 2020AY 2014-152 pages
AI SummaryDismissed

What did the Tribunal hold?

The tribunal allowed the assessee to withdraw the appeal. This withdrawal is subject to the competent authority accepting the assessee's intention to opt for the Vivad Se Viswas Scheme.

What were the facts?

The assessee opted for the Direct Tax Vivad Se Viswas Scheme, 2020. The assessee informed the tribunal about this decision.

What were the issues?

The primary issue was whether the appeal should be kept pending when the assessee intended to settle the dispute under a new scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH: KOLKATA

Before: Shri A. T. Varkey, JM]

Pronounced: 01.10.2020

This appeal is preferred by the assessee against the order of Ld. CIT(A)-15, Kolkata dated 15/02/2019 for A Y. 2014-15.

2.

At the outset, the Ld. AR Smt. Deepika Khater drew our attention to the fact that the appellant- assessee has decided to opt for the Direct Tax Vivad Se Viswas Scheme, 2020 (hereinafter, the ‘scheme’). In the light of the aforesaid fact since the assessee intends to opt for the said scheme of Direct Tax Vivad Se Viswas Scheme, 2020, there is no point in keeping the impugned appeal pending.

3.

In the light of the aforesaid discussion, we treat this application informing us the fact that assessee intends to opt for the said scheme and therefore, we allow the assessee to withdraw the impugned appeal. In case, if the competent authority as per the scheme does not accept the assessee’s intention to opt for the Vivad Se Viswas Scheme, 2020, then the assessee is at liberty to move an application for recalling this order. With the aforesaid caveat, we allow the assessee to withdraw the captioned appeal.

M/s Saraf Company Pvt. Ltd.., AY. 2014-15

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In the result, appeal of the assessee is dismissed as withdrawn.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 1st October, 2020.

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