D.C.I.T.,Central Circle-2(4), Kolkata V. M/s Future Plus Enterprises, Kolkata

ITA 1037/KOL/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4875 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 5 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-10-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2016-2017
• Appeal Filed On: 03-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: IMOKABA JAMIR
• Keywords: Competent authority
• Section: 13

Judgement Text

1 ITA NO.1037/KOL/2019 M/S. FUTURE PLUS ENTERPRIUSES., AY- 2016-17 , B , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: KOLKATA ( ) . . , . . , ) [BEFORE SHRI P.M. JAGTAP, VICE PRESIDENT (KZ) &SHRI A. T. VARKEY, JM] ITA NO.1037/KOL/2019 ASSESSMENT YEAR: 2016-17 DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(4), KOLKATA. VS. M/S. FUTURE PLUS ENTERPRISES (PAN: AACFF9242P) APPELLANT RESPONDENT DATE OF HEARING (VIRTUAL) 13.10.2020 DATE OF PRONOUNCEMENT 13.10.2020 FOR THE APPELLANT SHRI IMOKABA JAMIR, CIT, DR FOR THE RESPONDENT SHRI S. K. TULSIYAN, ADVOCATE ORDER PER A. T. VARKEY, JM: THIS APPEAL PREFERRED BY THE REVENUE IS AGAINST THE ORDER OF LD. CIT(A)-20, KOLKATA DATED 20-02-2019 FOR ASSESSMENT YEAR 2016-17. 2. AT THE OUTSET, THE LD. AR SHRI S. K. TULSIYAN, ADVOCATE DREW OUR ATTENTION TO THE FACT THAT THE RESPONDENT-ASSESSEE HAS DECIDED TO OPT FOR THE DIRECT TAX VIVAD SE VISHWAS SCHEME, 2020 (HEREINAFTER, THE SCHEME). SINCE THE ASSESSEE-APPELLANT HAS DECIDED TO OPT FOR THE VIVAD SE VISHWAS SCHEME, 2020 FOR THE ASSESSMENT YEAR 2016-17, THERE IS NO POINT IN KEEPING THE IMPUGNED APPEALS PENDING THOUGH IT IS THAT OF THE REVENUE. WE NOTE THAT EVEN IN REVENUE APPEAL, THE ASSESSEE CAN OPT FOR THE SCHEME AND IF THE COMPETENT AUTHORITY AUTHORISED BY THE SCHEME ACCEPTS THE ASSESSEES PROPOSAL, THEN SUBJECT TO REMITTANCE OF TAX AND IN ACCORDANCE TO THE SCHEME, THEN REVENUE CAN SEEK WITHDRAWAL OF ITS APPEAL. 3. IN THE LIGHT OF THE AFORESAID DISCUSSION, WE TREAT THIS INFORMATION GIVEN AT THE BAR BEFORE US, THOUGH IN VIRTUAL HEARING THAT ASSESSEE INTENDS TO OPT FOR THE SAID SCHEME AND THEREFORE, WE DIRECT THE ASSESSEE TO FILE THE REQUISITE FORMS NECESSARY TO OPT FOR THE SCHEME AND MEAN WHILE THE IMPUGNED APPEAL IS TREATED AS DISMISSED AS WITHDRAWN. AND IN ANY CASE, IF THE COMPETENT AUTHORITY AS PER THE SCHEME DOES NOT ACCEPT THE ASSESSEES INTENTION/PROPOSAL 2 ITA NO.1037/KOL/2019 M/S. FUTURE PLUS ENTERPRIUSES., AY- 2016-17 TO OPT FOR THE VIVAD SE VISHWAS SCHEME, 2020, OR THE ASSESSEE DOESNT ABIDE BY THE UNDERTAKING TO OPT FOR THE SCHEME, THEN THE REVENUE IS AT LIBERTY TO INFORM THIS FACT OR MOVE AN APPLICATION BEFORE THIS TRIBUNAL FOR RECALLING THIS ORDER. AND IN CASE IF THE ASSESSEE DOES NOT FOR ANY REASON OPT FOR THE SCHEME, THEN THE ASSESSEE IS EXPECTED/DUTY BOUND TO INFORM THE REVENUE/AO AS WELL AS THIS TRIBUNAL ABOUT NON-OPTING FOR THE SCHEME. WITH THE AFORESAID CAVEAT, WE TREAT THE APPEAL OF REVENUE AS WITHDRAWN. 4. NEEDLESS TO SAY THAT OUR AFORESAID ACTION TREATING THE REVENUE APPEAL TO BE WITHDRAWN IN THE LIGHT OF THE ASSESSEE UNDERTAKING TO OPT FOR THE SCHEME, WILL NOT COME IN THE WAY OF THE COMPETENT AUTHORITY OF REVENUE TO ACCEPT THE ASSESSEES SAID OPTION/SCHEME FOR AVAILING VIVAD SE VISHWAS SCHEME, 2020 OR REJECTING IT IN ACCORDANCE TO SCHEME/ LAW. 5. IN THE RESULT, THE APPEAL OF REVENUE IS TREATED AS DISMISSED BEING WITHDRAWN AS DISCUSSED SUPRA. ORDER IS PRONOUNCED IN THE OPEN COURT ON 13 TH OCTOBER, 2020 SD/- SD/- P. M. JAGTAP) (ABY. T. VARKEY) VICE PRESIDENT JUDICIAL MEMBER DATED :13TH OCTOBER, 2020 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT DCIT, CENTRAL CIRCLE-2(4), KOLKATA. 2 RESPONDENT M/S. FUTURE PLUS ENTERPRISES, 55A, S. P. MUKHERJEE ROAD, KOLKATA-700 026. 3. 4. 5. CIT(A)-20, KOLKATA. (SENT THROUGH E-MAIL) CIT- , KOLKATA DR, ITAT, KOLKATA. (SENT THROUGH E-MAIL) / TRUE COPY, BY ORDER, ASSISTANT REGISTRAR ITAT, KOLKATA.