SWALLOW ASSOCIATES LLP,MUMBAI vs. I.T.O WD - 17(3)(4), MUMBAI

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ITA 950/KOL/2013Status: DisposedITAT Kolkata03 April 2024AY 2007-08Bench: SHRI RAJESH KUMAR, HON’BLE (Accountant Member), SHRI SONJOY SARMA, HON’BLE (Judicial Member)2 pages
AI SummaryDismissed

What did the Tribunal hold?

The tribunal granted the permission sought by the assessee and dismissed the appeals as withdrawn, acknowledging the settlement under the Vivad Se Vishwas Scheme.

What were the facts?

The assessee filed appeals against the CIT(A) orders. The assessee later informed the tribunal that the appeals have been settled under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to settlement under the Vivad Se Vishwas Act, 2020.

Which sections of the Income-tax Act were involved?

Section 5(2),Section 6

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘A’ BENCH, KOLKATA

Before: SHRI RAJESH KUMAR, HON’BLE & SHRI SONJOY SARMA, HON’BLE

For Appellant: Shri Krish Desai, AR
For Respondent: Shri B.K. Singh, JCIT, Sr. DR
Hearing: 02.04.2024Pronounced: 03.04.2024

O R D E R PER BENCH: These appeals filed by the assessee are directed against the order of ld. Commissioner of Income Tax (Appeals)-VI, Kolkata dated 18.02.2013 & 22.02.2013 respectively.

2.

In this case, ld. counsel for the assessee has moved an application informing us that the appeals have been settled under the Direct Tax Vivad Se Vishwas Act, 2020. The assessee has duly filed the copy of the certificate in Form 5 for full and final settlement of tax arrear under section 5(2) read with section 6 of the Direct Tax Vivad Se Vishwas Act, 2020.

4.

Keeping in view these facts and circumstances of the case including especially the fact that the assessee has duly complied with the necessary requirements under Vivad Se Vishwas Scheme, 2020, the permission as sought by the assessee is granted and these appeals of the assessee are dismissed as withdrawn.

5.

In the result, both the appeals of the assessee are dismissed as withdrawn. Order pronounced in the open court on 03.04.2024.

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