Greenland Commodities Pvt. Ltd., , Howrah V. DCIT, Central Circle - 2(1), Kolkata, Kolkata

CO 7/KOL/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4544 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 9 month(s) 8 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 21-10-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 01-10-2020
• Assessment Year: 2008-2009
• Appeal Filed On: 12-01-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DHRUBAJYOTI RAY
• Assessee Lawyers: NIRAV SETH
• Section: 251

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA A BENCH, KOLKATA (VIRTUAL COURT) (BEFORE SRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER & SRI S.S. GODARA, JUDICIAL MEMBER) I.T.A. NO. 2165/KOL/2017 ASSESSMENT YEAR: 2008-09 DCIT, CENTRAL CIRCLE-2(1), KOLKATA.................................................................................APPELLANT VS. M/S. GREENLAND COMMODITIES PVT. LTD...............................................RESPONDENT [PAN: AABCG 2796 D] C.O. NO. 07/KOL/2018 ASSESSMENT YEAR: 2008-09 M/S. GREENLAND COMMODITIES PVT. LTD..........................................................................APPELLANT [PAN: AABCG 2796 D] VS. DCIT, CENTRAL CIRCLE-2(1), KOLKATA......................................................RESPONDENT APPEARANCES BY: SH. DHRUBAJYOTI RAY, JCIT, APPEARED ON BEHALF OF THE REVENUE. SH. NIRAV SETH, A/R, APPEARED ON BEHALF OF THE ASSESSEE. DATE OF CONCLUDING THE HEARING : OCTOBER 1 ST , 2020 DATE OF PRONOUNCING THE ORDER : OCTOBER 21 ST , 2020 ORDER PER J. SUDHAKAR REDDY, AM: THIS APPEAL FILED BY THE REVENUE AND THE CROSS OBJECTION FILED BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)- 20, KOLKATA, [HEREINAFTER THE CIT(A)], PASSED U/S. 251 OF THE INCOME TAX ACT, 1961 (THE ACT), DATED 18.07.2017 FOR THE ASSESSMENT YEAR 2008-09. 2. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS AVAILING THE VIVAD SE VISHWAS SCHEME AND HAS FILED AN APPLICATION IN THIS REGARD. HE WANTED AN ADJOURNMENT OR IN THE ALTERNATIVE PLEADED FOR PROTECTION THAT, IF ITS APPLICATION UNDER THE SCHEME IS REJECTED BY THE AUTHORITIES, THE CROSS OBJECTION MAY BE RESTORED. HE 2 I.T.A. NO. 2165/KOL/2017 C.O. NO. 07/KOL/2017 ASSESSMENT YEAR: 2008-09 M/S. GREENLAND COMMODITIES PVT. LTD. SUBMITTED THAT IF SUCH AN ASSURANCE IS RECORDED IN THE ORDER, HE WOULD WITHDRAW HIS CROSS OBJECTION BEFORE THE TRIBUNAL. THE LD. DR HAD NO OBJECTION. 3. AFTER HEARING RIVAL CONTENTIONS, WE DISMISS THIS APPEAL AS WELL AS THE CROSS OBJECTION AS WITHDRAWN WITH THE CONDITION THAT BOTH THE REVENUE APPEAL AS WELL AS THE CROSS OBJECTION SHALL BE RESTORED IN CASE THE AUTHORITIES DO NOT APPROVE THE APPLICATION FILED BY THE ASSESSEE FOR RESOLUTION OF THE DISPUTE UNDER VIVAD SE VISHWAS SCHEME . 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE AND THE CROSS OBJECTION FILED BY THE ASSESSEE ARE DISMISSED AS WITHDRAWN. KOLKATA, THE 21 ST OCTOBER, 2020. SD/- SD/- [S.S. GODARA] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 21.10.2020 BIDHAN COPY OF THE ORDER FORWARDED TO: 1. DCIT, CENTRAL CIRCLE-2(1), KOLKATA. 2. M/S. GREENLAND COMMODITIES PVT. LTD., 493B, G.T. ROAD, GODOWN NO.-M6, BJM INDUSTRIES COMPOUND, HOWRAH-711 102. 3. CIT(A)-20, KOLKATA. (SENT THROUGH MAIL) 4. CIT- 5. CIT(DR), KOLKATA BENCHES, KOLKATA. (SENT THROUGH MAIL) TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES