DNA Agrotech Private Limited, Jagiroad V. Income Tax Officer, Ward-Morigaon, Morigaon

ITA 107/GTY/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3396 (ITAT-GUWAHATI)
• Duration Of Justice: 1 year(s) 7 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 25-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: JAYANTA MRIDHA JCIT LD
• Assessee Lawyers: J P GUPTA
• Keywords: Competent authority
• Section: 13

Judgement Text

1 ITA NO. 107/GAU/2019 DNA AGROTECH PVT. LTD., AY 2013-14 IN THE INCOME TAX APPELLATE TRIBUNAL GUWAHATI BENCH, VIRTUAL HEARING AT KOLKATA ( ) . . , ) [BEFORE SHRI A. T. VARKEY, JM] I.T.A. NO. 107/GAU/2019 ASSESSMENT YEAR:2013-14 DNA AGROTECH PVT. LTD. (PAN: AACCD1365N) VS. INCOME TAX OFFICER, WARD-MARIGAON APPELLANT RESPONDENT DATE OF HEARING 02.11.2020 DATE OF PRONOUNCEMENT 13.11.2020 FOR THE APPELLANT SHRI J. P. GUPTA, CA FOR THE RESPONDENT SHRI JAYANTA MRIDHA, JCIT, LD. DR ORDER THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF LD. CIT(A)-1, GUWAHATI DATED 03-12-2018 FOR ASSESSMENT YEAR 2013-14. 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SHRI J. P. GUPTA BROUGHT TO OUR NOTICE THAT THE ASSESSEE INTENDS TO OPT FOR THE DIRECT TAX VIVAD SE VISHWAS SCHEME 2020 (HEREINAFTER, THE SCHEME) AND ACCORDINGLY IS CONTEMPLATING TO FILE FORM 1 AND 2 BEFORE THE COMPETENT AUTHORITY AS PER THE SCHEME IN RESPECT OF THIS APPEAL. TAKING INTO CONSIDERATION THE FACT THAT SINCE THE ASSESSEE IS OPTING FOR THE VIVAD SE VISHWAS SCHEME, 2020 FOR THE ASSESSMENT YEAR 2013-14, THERE IS NO POINT IN KEEPING THE IMPUGNED APPEAL PENDING. 3. IN THE LIGHT OF THE AFORESAID DISCUSSION, I TREAT THIS SUBMISSION OF THE LD. AR OF THE ASSESSEE INFORMING THE TRIBUNAL THE FACT THAT ASSESSEE IS OPTING 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 ASSESSEES PROPOSAL TO OPT FOR THE VIVAD SE VISHWAS SCHEME, 2020, OR IF THE ASSESSEE CHANGES ITS MIND LATER NOTE TO OPT FOR THE SCHEME 2 ITA NO. 107/GAU/2019 DNA AGROTECH PVT. LTD., AY 2013-14 FOR ANY REASONS, 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 ASSESSEES 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 ON 13TH NOVEMBER, 2020. SD/- (ABY. T. VARKEY) JUDICIAL MEMBER DATED : 13 TH NOVEMBER, 2020 JD(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT M/S. DNA AGROTECH PVT. LTD., SILBANGA, A. T. ROAD, JAGIROAD, ASSAM-782410. 2 RESPONDENT ITO, WARD- MARIGAON 3. 4. 5. CIT(A)-1, GUWAHATI CIT- GUWAHATI, DR, ITAT, GUWAHATI. / TRUE COPY, BY ORDER, SENIOR PVT. SECY.