M/s. Mangilal Bhutoria HUF, Kolkata V. ITO, Ward - 35(4), Kolkata , Kolkata

ITA 1369/KOL/2018

AI Insights

The case involves an appeal by M/s. Mangilal Bhutoria (HUF) against an order from the Commissioner of Income Tax (Appeals)-10, Kolkata. The appeal was related to the assessment year 2014-15. However, before the Income Tax Appellate Tribunal could proceed with the substantive issues of the appeal, the assessee informed the Tribunal about the settlement of the dispute under the Direct Tax Vivad Se Vishwas Act, 2020. This Act provides a mechanism for the resolution of pending tax disputes, and the assessee had filed a certificate in Form 5, indicating a full and final settlement of the tax arrears. Both parties, represented by their respective legal counsels, agreed to the withdrawal of the appeal following the settlement under the Act.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 123001 (ITAT-KOLKATA)
• Duration Of Justice: 4 year(s) 9 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-04-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 09-04-2023
• Assessment Year: 2014-2015
• Appeal Filed On: 21-06-2018
• Laws Referred To: Direct Tax Vivad Se Vishwas Act, 2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 6; 5(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘C’ BENCH, KOLKATA BEFORE SHRI MANISH BORAD, HON’BLE ACCOUNTANT MEMBER AND SHRI SONJOY SARMA, HON’BLE JUDICIAL MEMBER ITA No.1369/Kol/2018 Assessment Year: 2014-15 M/s. Mangilal Bhutoria (HUF) 11, Clive Row, Kolkata- 700001. PAN: AAEHM 9888C Vs. ITO, Ward-35(4), Kolkata (Appellant) (Respondent) Present for: Assessee by : Shri Chirag Desai, ACA Revenue by : Shri Vijay Kumar, Addl. CIT Date of Hearing : 10.04.2023 Date of Pronouncement : 10.04.2023 O R D E R PER SONJOY SARMA, JM: This appeal filed by the assessee is directed against the order of ld. Commissioner of Income Tax (Appeals)-10, Kolkata dated 28.02.2018. 2. In this case, the Authorised Representative of the assessee has moved an application informing us that the appeal has 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. ITA No.1369/KOL/2018 M/s. Mangilal Bhutoria (HUF) A.Y. 2014-15 2 3. Per contra, the ld. DR did not have any objection in this regard. 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 the appeal of the assessee is dismissed as withdrawn. 5. In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 10.04.2023 Sd/- Sd/- (MANISH BORAD) (SONJOY SARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER Kolkata, Dated: 10.04.2023 Biswajit, Sr. P.S. Copy to: 1. The Appellant: M/s. Mangilal Bhutoria (HUF) 2. The Respondent: ITO, Ward-35(4), Kolkata 3. The CIT, 4. The CIT (A) 5. The DR //True Copy// [ By Order Assistant Registrar ITAT, Kolkata Benches, Kolkata