Ashok L Vasani, Kolkata I.T.O.,Ward-34(2), Kolkata

Last updated: 18 May 2021

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The Income Tax Appellate Tribunal allowed Ashok L. Vasani to withdraw his appeal for the assessment year 2009-10. This decision was made after the assessee opted for the Direct Tax Vivad Se Vishwas Scheme, 2020. The Tribunal noted that if the scheme proposal is not accepted, the assessee can apply to recall the order.

Court :
ITAT Kolkata

Brief :
None appeared on behalf of the assessee. However, vide an application dated Nil, which is placed on file, the assessee has submitted that the assessee has opted for Direct Tax Vivad Se Vishwas Scheme, 2020 (hereinafter, the ‘scheme’) and had filed Form-1 & Form-2 before the Competent Authority and is awaiting the issue of Form No. 3 from the Competent Authority. Therefore, taking into consideration the fact that since the assessee has opted for the Scheme for the AY 2009-10, there is no point in keeping the impugned appeal pending.

Citation :
I.T.A. No. 1993/Kol/2019

IN THE INCOME TAX APPELLATE TRIBUNAL “A(SMC)” BENCH, KOLKATA

[Before Shri A. T. Varkey, JM]

I.T.A. No. 1993/Kol/2019
Assessment Year:2009-10

Ashok L. Vasani
(PAN: ABPPV5148N)
Appellant

Vs.

Income-tax Officer, Ward-34(2),
Kolkata.
Respondent

Date of Virtual Hearing 27.04.2021
Date of Pronouncement 27.04.2021

For the Appellant N o n e
For the Respondent Shri Jayanta Khanra, JCIT, Sr. DR

ORDER

This is an appeal preferred by the assessee against the order of Ld. CIT(A)-10, Kolkata dated 27.06.2019 for AY 2009-10.

2. None appeared on behalf of the assessee. However, vide an application dated Nil, which is placed on file, the assessee has submitted that the assessee has opted for Direct Tax Vivad Se Vishwas Scheme, 2020 (hereinafter, the ‘scheme’) and had filed Form-1 & Form-2 before the Competent Authority and is awaiting the issue of Form No. 3 from the Competent Authority. Therefore, taking into consideration the fact that since the assessee has opted for the Scheme for the AY 2009-10, there is no point in keeping the impugned appeal pending.

3. In the light of the aforesaid discussion, I treat this submission of the assessee informing the Tribunal the fact that assessee has opted for the said scheme, therefore, I allow the assessee to withdraw the impugned appeal. In case, if the competent authority as per the scheme does not accept the assessee’s proposal to opt for the Vivad Se Vishwas Scheme, 2020, then the assessee is at liberty to move an application for recalling this order. With the aforesaid caveat, I allow the assessee to withdraw the captioned appeal.

4. Needless to say that my aforesaid action allowing the assessee to withdraw the appeal, will not come in the way of the competent authority of Revenue to accept the assssee’s said option/scheme for availing “Vivad Se Vishwas Scheme, 2020”.

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

Order is pronounced in the open court.

Sd/-
(Aby. T. Varkey)
Judicial Member
Dated : 27th April, 2021
JD(Sr.P.S.)

Copy of the order forwarded to:
1. Appellant – Shri Ashok L. Vasani, 56/1, Canning Street, Kolkata-700 001.
2 Respondent – ITO, Ward-34(2), Kolkata
3.CIT(A)-10, Kolkata. (sent through e-mal)
4.CIT , Kolkata
5.DR, ITAT, Kolkata. (sent through e-mal)

/True Copy, By order,

Assistant Registrar

FAQ :

The appeal was filed by Ashok L. Vasani against an order from the Income-tax Officer, Ward-34(2), Kolkata, concerning the assessment year 2009-10.

The assessee withdrew the appeal because they had opted for the Direct Tax Vivad Se Vishwas Scheme, 2020, and had filed the necessary forms.

The Vivad Se Vishwas Scheme, 2020, is a direct tax dispute resolution scheme that the assessee opted for.

If the competent authority under the scheme does not accept the assessee's proposal, the assessee is permitted to apply for the recall of this withdrawal order.