Assistant Commissioner of Income Tax, Circle - 1, Guwahati V. M/s. S.M. Sons, Guwahati

ITA 107/GTY/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2516 (ITAT-GUWAHATI)
• Duration Of Justice: 1 year(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2017-2018
• Appeal Filed On: 11-06-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SUBHRAJYOTI BHATTACHARYA
• Keywords: Competent authority

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, GUWAHATI E-COURT AT KOLKATA BEFORE SRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER & SRI SANJAY GARG, JUDICIAL MEMBER I.T.A. NO.107/GAU/2020 ASSESSMENT YEAR: 2017-18 ACIT, CIRCLE-1, GUWAHATI...... APPELLANT VS. M/S S.M. SONS................RESPONDENT 3 RD FLOOR, ANIL PLAZA, G.S. ROAD, GUWAHATI-781005. [PAN:ABPFS9719J] APPEARANCES BY: NONE APPEARED ON BEHALF OF THE APPELLANT. SHRI SUBHRAJYOTI BHATTACHARYA, ADDL. CIT, SR. DR, APPEARED ON BEHALF OF THE RESPONDENT. DATE OF CONCLUDING THE HEARING : APRIL 30, 2021 DATE OF PRONOUNCING THE ORDER : JUNE 21, 2021 ORDER PER SANJAY GARG, JUDICIAL MEMBER:- THE PRESENT APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS). 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. AT THE OUTSET, IT IS NOTICED FROM THE LETTER OF THE LD. AR OF THE ASSESSEE THAT THE ASSESSEE HAD FILED FORM 1 AND 2 UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT IN RESPECT OF THIS APPEAL AND THE COMPETENT AUTHORITY HAS ISSUED FORM NO.3, A COPY OF THE SAID LETTER ALONG WITH FORM NO. 3 IS AVAILABLE IN FILE, WHICH IS BEFORE US. THEREFORE, TAKING INTO CONSIDERATION THE FACT THAT SINCE THE ASSESSEE HAS OPTED FOR THE VIVAD SE VISHWAS SCHEME , THERE IS NO POINT IN KEEPING THE IMPUGNED APPEAL PENDING. IN THE LIGHT OF THE AFORESAID DISCUSSION AND ON THE FACT THAT ASSESSEE HAS OPTED FOR THE SAID SCHEME AND FORM 3 HAS BEEN ISSUED BY THE DEPARTMENT, THEREFORE, WE ALLOW THE ASSESSEE TO WITHDRAW THE IMPUGNED APPEAL. 2 I.T.A. NO.107/GAU/2020 ASSESSMENT YEAR: 2017-18 M/S S.M. SONS 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN. KOLKATA, THE 21 ST JUNE, 2021. SD/- SD/- [ J. SUDHAKAR REDDY ] [ SANJAY GARG] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 21.06.2021 RS COPY OF THE ORDER FORWARDED TO: 1. ACIT, CIRCLE-1, GUWAHATI 2. M/S S.M. SONS 3. CIT(A)- 4. CIT- , 5. CIT(DR), //TRUE COPY// BY ORDER SR. PS, H.O/D.D.O, I.T.A.T, KOLKATA BENCHES, KOLKATA .