Vivek Tracom Private Limited , Kolkata V. I.T.O.,Ward-5(4), Kolkata

ITA 2636/KOL/2019

AI Insights

The case involves Vivek Tracom Private Limited, which appealed against the order of the Learned Commissioner of Income Tax (Appeals) -10, Kolkata, concerning the Assessment Year 2012-13. The appeal was directed against the order passed under section 250 of the Income Tax Act, 1961. However, the assessee filed an application to withdraw the appeal, citing a settlement under the Direct Tax Vivad Se Vishwas Act, 2020. The tribunal acknowledged the settlement and granted permission for the appeal to be withdrawn, leading to the dismissal of the appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 132604 (ITAT-KOLKATA)
• Duration Of Justice: 3 year(s) 1 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-01-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 24-01-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 29-12-2019
• Laws Referred To: Income Tax Act, 1961, Direct Tax Vivad Se Vishwas Act, 2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 5(2); 250

Judgement Text

| आयकर अपीलीय अिधकरण ᭠यायपीठ, कोलकाता | IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, KOLKATA BEFORE SHRI RAJPAL YADAV, HON’BLE VICE PRESIDENT & SHRI RAJESH KUMAR, HON’BLE ACCOUNTANT MEMBER I.T.A. No. 2636/Kol/2019 Assessment Year: 2012-13 Vivek Tracom Private Limited 32, Ezra Street Kolkata - 700001 PAN : AAACV8670J Vs I.T.O., Ward - 5(4), Kolkata अपीलाथᱮ/ (Appellant) ᮧ᭜ यथᱮ/ (Respondent) Assessee by : None Revenue by : Shri P.P. Barman, Addl. CIT सुनवाई कᳱ तारीख/Date of Hearing : 25/01/2023 घोषणा कᳱ तारीख /Date of Pronouncement: 01/02/2023 आदेश/O R D E R PER SHRI RAJPAL YADAV, VICE PRESIDENT : The present appeal is directed at the instance of the assessee against the order of the Learned Commissioner of Income Tax (Appeals) -10, Kolkata, (hereinafter the “ld. CIT(A)”) dt. 29/11/2019, passed u/s 250 of the Income Tax Act, 1961 (“the Act’), for Assessment Year 2012-13. 2. In this case, the assessee has filed an application seeking withdrawal of this appeal on the ground 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) r.w.s. 6 of the Direct Tax Vivad Se Vishwas Act, 2020. 3. Keeping in view these facts and circumstances of the case, especially the fact that the assessee has duly complied with the necessary requirements under Vivad Se Vishwas Scheme, 2020, permission as sought by the assessee is granted and this appeal of the assessee is dismissed as withdrawn. 4. In the result, appeal of the assessee is dismissed as withdrawn. Order pronounced in the Court on 1 st February, 2023 at Kolkata. Sd/- Sd/- (RAJESH KUMAR) (RAJPAL YADAV) ACCOUNTANT MEMBER VICE-PRESIDENT Kolkata, Dated 01/02/2023 *SC SrPs I.T.A. No. 2636/Kol/2019 Assessment Year: 2012-13 Vivek Tracom Private Limited 2 आदेश कᳱ ᮧितिलिप अᮕेिषत/Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant 2. ᮧ᭜यथᱮ / The Respondent 3. संबंिधत आयकर आयुᲦ / Concerned Pr. CIT 4. आयकर आयुᲦ)अपील (/ The CIT(A)- 5. िवभागीय ᮧितिनिध ,आयकर अपीलीय अिधकरण, कोलकाता/DR,ITAT, Kolkata, 6. गाडᭅ फाईल /Guard file. आदेशानुसार/ BY ORDER, TRUE COPY Assistant Registrar आयकर अपीलीय अिधकरण ITAT, Kolkata