SMT.LILA DEVI GOURISARIA,KOLKATA vs. A.C.I.T.,CC-2(3), KOLKATA

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ITA 312/KOL/2020Status: DisposedITAT Kolkata24 August 2020AY 2013-142 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal allowed the assessee to withdraw the appeal, subject to restoration if the Vivad Se Vishwas scheme approval is not granted. The appeal was treated as dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against the order of the CIT(A) confirming the penalty imposed by the AO under Section 271AAB. The assessee subsequently filed a declaration under the Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the appeal should be withdrawn due to opting for the Vivad Se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 271AAB

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH: KOLKATA

Before: Shri A. T. Varkey, JM & Dr. Arjun Lal Saini, AM]

Pronounced: 24.08.2020

ORDER Shri A. T. Varkey, JM This is an appeal preferred by the assessee against the order of Ld. CIT(A)-20, Kolkata dated 31-01-2020 for the assessment year 2013-14 confirming the action of the AO u/s. 271AAB of the Income-tax Act, 1961 (hereinafter referred to as the “Act”).

2.

At the outset, the Ld. AR for the assessee Smt. Sikha Agarwal submitted that the assessee has submitted form for filing declaration and undertaking under sub-section (5) of section 4 of the Direct Tax Vivad Se Vishwas Act, 2020 on 19.08.2020 before the department and is awaiting the approval from the Ld. Pr. CIT. Since the assessee preferred to opt for the scheme Vivad Se Vishwas as announced by the Govt. of India and the assessee has filed the requisite form on 19.08.2020 and is awaiting approval from the Ld. Pr. CIT, we allow the assessee to withdraw the appeal subject to caveat that in case the department does not approve the assessee’s action then the appeal will be restored on an application filed by the assessee in accordance to law. Therefore, the appeal of assessee is treated to be dismissed as withdrawn.

Smt. Lila Devi Gourisaria., AY 2013-14

3.

In the result, the appeal of assessee is dismissed as withdrawn.

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