M/s. Amrit Dhara Vinimay Private Limited, Kolkata V. ITO, Ward-10(1), Kolkata, Kolkata

CO 40/KOL/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 0402 (ITAT-KOLKATA)
• Duration Of Justice: 4 year(s) 1 month(s) 27 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 16-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 19-05-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RANU BISWAS
• Assessee Lawyers: BIJAYA KUMAR SAHOO
• Keywords: Competent authority

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH A, KOLKATA [BEFORE SHRI P.M. JAGTAP, HONBLE VICE-PRESIDENT (KZ) & SHRI A.T. VARKEY, HONBLE JUDICIAL MEMBER] [THROUGH VIRTUAL COURT] ITA NO. 409/KOL/2017 ASSESSMENT YEAR: 2012-13 ITO, WARD 10(1), KOLKATA.............................................................................................APPELLANT P-7, CHOWRINGHEE SQUARE, 3 RD FLOOR, KOLKATA 700 069. VS M/S. AMRIT DHARA VINIMAY PVT. LTD........RESPONDENT AD-76, SECTOR-I, SALT LAKE, KOLKATA 700 064. [PAN : AAJCA 7017 J] C.O. NO. 40/KOL/2017 (ARISING OUT OF ITA NO. 409/KOL/2017) ASSESSMENT YEAR: 2012-13 M/S. AMRIT DHARA VINIMAY PVT. LTD...CROSS-OBJECTOR AD-76, SECTOR-I, SALT LAKE, KOLKATA 700 064. [PAN : AAJCA 7017 J] VS ITO, WARD 10(1), KOLKATA.........................................................................................RESPONDENT P-7, CHOWRINGHEE SQUARE, 3 RD FLOOR, KOLKATA 700 069. APPEARANCES BY: SMT. RANU BISWAS, ADDL. CIT APPEARING ON BEHALF OF THE REVENUE. SHRI BIJAYA KUMAR SAHOO, FCA APPEARING ON BEHALF OF THE ASSESSEE. DATE OF CONCLUDING THE HEARING : JULY 16, 2021 DATE OF PRONOUNCING THE ORDER : JULY 16, 2021 O R D E R PER P.M. JAGTAP, VICE-PRESIDENT (KZ): THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LD. CIT(A) 4, KOLKATA DATED 04.01.2017 AND THE SAME IS BEING DISPOSED OF ALONG WITH THE CROSS-OBJECTION FILED THE ASSESSEE BEING CO. NO. 40/KOL/2017. 2 ITA. NO.409/KOL/2017 & CO NO. 40/KOL/2017 (A.Y. 2012-13) M/S. AMRIT DHARA VINIMAY PVT. LTD. 2. AS SUBMITTED BY THE LD. COUNSEL FOR THE ASSESSEE, THE ASSESSEE HAS OPTED FOR SETTLEMENT OF THE DISPUTE INVOLVED IN THIS APPEAL OF THE REVENUE UNDER VIVAD SE VISHWAS SCHEME, 2020. HE HAS SUBMITTED THAT THE REQUIRED DECLARATIONS IN FORM NO. 1 & 2 UNDER THE SAID SCHEME HAVE ALREADY BEEN FILED BY THE ASSESSEE AND CERTIFICATE IN FORM 3 IN RESPONSE TO THE SAID DECLARATION HAS ALREADY BEEN ISSUED BY THE DESIGNATED AUTHORITY, PR. CIT, KOLKATA 2 DETERMINING THE TAX PAYABLE BY THE ASSESSEE. HE HAS ALSO PLACED ON RECORD A COPY OF FORM NO. 3 AS WELL AS A COPY OF FORM 4 EVIDENCING THE PAYMENT OF TAX BY THE ASSESSEE AS DETERMINED BY THE COMPETENT AUTHORITY. THE ASSESSEE THUS HAS DULY COMPLIED WITH THE REQUIREMENTS TO AVAIL THE BENEFIT OF VIVAD SE VISHWAS SCHEME AND THIS APPEAL FILED BY THE REVENUE THUS IS LIABLE TO BE DISMISSED AS WITHDRAWN AS SOUGHT BY THE LD. COUNSEL FOR THE ASSESSEE AND AGREED BY THE LD. DR. AS AGREED BY THE LD. REPRESENTATIVES OF BOTH THE SIDES, EVEN THE CROSS- OBJECTION FILED BY THE ASSESSEE HAS CONSEQUENTLY BECOME INFRUCTUOUS AND THE SAME IS ALSO LIABLE TO BE DISMISSED. 3. IN THE RESULT, THE APPEAL OF THE REVENUE & CROSS OBJECTION OF THE ASSESSEE BOTH ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH JULY, 2021. SD/- SD/- (A.T.VARKEY) (P.M. JAGTAP) JUDICIAL MEMBER VICE PRESIDENT DATED: 16/07/2021 BISWAJIT, SR. PS 3 ITA. NO.409/KOL/2017 & CO NO. 40/KOL/2017 (A.Y. 2012-13) M/S. AMRIT DHARA VINIMAY PVT. LTD. COPY OF ORDER FORWARDED TO: 1. ITO, WARD 10(1), KOLKATA. 2. M/S. AMRIT DHARA VINIMAY PVT. LTD., AD-76, SECTOR-I, SALT LAKE, KOLKATA 700 064. 3. THE CIT(A) 4. THE CIT 5. DR TRUE COPY, BY ORDER, SR. PRIVATE SECRETARY / DDO ITAT KOLKATA