SURESH KUMAR KHEMKA,KOLKATA vs. I.T.O.,WARD-50(3), KOLKATA

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ITA 2190/KOL/2019Status: DisposedITAT Kolkata08 July 2020AY 2011-122 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeal as withdrawn, granting the assessee liberty to seek restoration if the tax determined under the scheme was not acceptable.

What were the facts?

The assessee wished to settle the dispute under the Vivad Se Vishwas Scheme, 2020. A declaration was filed, but the final certificate determining the tax payable was awaited.

What were the issues?

Whether the appeal should be withdrawn to pursue settlement under the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH ‘(SMC

Before: Shri P.M. Jagtap(KZ)]

order : July 08, 2020 ORDER This appeal filed by the assessee is directed against the order of Ld. CIT(A) – 15, Kolkata dated 23.07.2019.

2.

At the time of hearing fixed in this case today, the learned counsel for the assessee has submitted that the assessee is willing to settle the dispute involved in this appeal under the ‘Vivad Se Vishwas Scheme’, 2020. He has submitted that the assessee has already filed required declaration under the said scheme in Form No. 1 & 2 and although the certificate to be issued by the Income Tax Department in Form No. 3 is awaited determining the tax payable by the assessee, this appeal of the assessee may be allowed to be withdrawn at this stage giving liberty to the assessee to seek restoration of the said appeal in case the tax determined as per Form No. 3 is not acceptable

1.

Assessment Year: 2011-12 Suresh Kumar Khemka to him. This appeal of the assessee accordingly is dismissed as withdrawn with the liberty to the assessee to seek restoration of the same in case the tax payable by him as determined in the certificate in Form No. 3 to be issued by the department is acceptable to him.

3.

In the result, the appeal of the assessee is dismissed as withdrawn. Order Pronounced in the Open Court on 8th July, 2020.

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