M/S PRANAY VINIMAY PVT. LTD.,KOLKATA vs. I.T.O.,WARD-8(3), KOLKATA

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ITA 1663/KOL/2019Status: DisposedITAT Kolkata01 October 2020AY 2014-152 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal allowed the assessee to withdraw the appeal. The assessee is at liberty to move for recalling the order if the scheme authority does not accept their intention.

What were the facts?

The assessee opted for the Direct Tax Vivad Se Viswas Scheme, 2020. Due to this decision, the appeal was no longer required to be kept pending.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Viswas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH: KOLKATA

Before: Shri A. T. Varkey, JM]

This appeal is preferred by the assessee against the order of Ld. CIT(A)-3, Kolkata dated 15/05/2019 for A.Y. 2014-15.

2.

At the outset, the Ld. AR Shri Rajat Agarwal 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 Pranay Vinimay Pvt. Ltd., A.Y. 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In the result, appeal of the assessee is dismissed as withdrawn.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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