Kusumlata Sonthalia , Kolkata V. Principal CIT, Central - 1, Kolkata , Kolkata

ITA 1152/KOL/2018

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 8574 (ITAT-KOLKATA)
• Duration Of Justice: 4 year(s) 2 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-08-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2015-2016
• Appeal Filed On: 24-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Revision of order
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘B’ BENCH, KOLKATA Before SRI MANISH BORAD, ACCOUNTANT MEMBER & SRI SONJOY SARMA, JUDICIAL MEMBER I.T.A. No.: 1152/Kol/2018 Assessment Year: 2015-16 Kusumlata Sonthalia..............................................Appellant [PAN: ABBPA 8446 Q] Vs. Pr. CIT, Central-1, Kolkata...................................Respondent Appearances by: Sh. Nirav Sheth, A/R, appeared on behalf of the Assessee. Sh. Sudipta Guha, CIT, D/R, appeared on behalf of the Revenue. Date of concluding the hearing : August 10 th , 2022 Date of pronouncing the order : August 10 th , 2022 ORDER Per Manish Borad, Accountant Member: This appeal filed by the assessee pertaining to the Assessment Year (in short “AY”) 2015-16 is directed against the order passed u/s 263 of the Income Tax Act, 1961 (in short the “Act”) by ld. Pr. Commissioner of Income-tax, Central-1, Kolkata [in short ld. “Pr. CIT”] dated 15.01.2018. 2. At the outset, ld. Counsel for the assessee submitted that the instant appeal is against the order passed u/s 263 of the Act. I.T.A. No.: 1152/Kol/2018 Assessment Year: 2015-16 Kusumlata Sonthalia. Page 2 of 3 Subsequent to the directions given by ld. Pr. CIT in the impugned order, ld. Assessing Officer (in short ld. “AO”) framed the assessment and made the additions which were challenged before ld. CIT(A) as well as this Hon’ble Tribunal. However, in the meantime, the assessee opted for “Vivad Se Vishwas Scheme-2020” and paid due taxes which were under challenge before Hon’ble Tribunal in ITA Nos. 1191/Kol/2019 and 1601/Kol/2019 pertaining to AY 2015-16. Therefore, the request is made to withdraw the instant appeal. Ld. D/R did not raise any objection. 3. We have heard rival contentions and perused the records placed before us. The instant appeal is against the order passed u/s 263 of the Act. Ld. AO in compliance to the directions given in the impugned order, framed assessment u/s 263/143(3)/153B(b)/153D of the Act dated 12.06.2018 making certain additions and these were challenged by the assessee before ld. CIT(A) and partly succeeded. Thereafter, both the assessee and the Revenue were in appeal before this Tribunal and the appeal numbers are ITA Nos. 1191/Kol/2019 and 1601/Kol/2019. Thereafter, the assessee opted for “Vivad Se Vishwas Scheme- 2020”, paid due taxes, Form No. 5 has been issued and above said appeals before this Tribunal were dismissed vide order dated 05.11.2020 & 13.11.2020. Under these given facts and circumstances, the assessee intends to withdraw the instant appeal which is filed against the order passed u/s 263 of the Act. 4. We, therefore, considering the application of the assessee and the assessee having opted for “Vivad Se Vishwas Scheme-2020” for I.T.A. No.: 1152/Kol/2018 Assessment Year: 2015-16 Kusumlata Sonthalia. Page 3 of 3 the pending demand raised by the ld. AO in the assessment framed as per the directions given by ld. Pr. CIT in the impugned order, dismiss the instant appeal as withdrawn. 5. In the result, the appeal filed by the assessee is dismissed as withdrawn. Kolkata, the 10 th August, 2022. Sd/- Sd/- [Sonjoy Sarma] [Manish Borad] Judicial Member Accountant Member Dated: 10.08.2022 Bidhan (P.S.) Copy of the order forwarded to: 1. Kusumlata Sonthalia, 34, Pankaj Mallick Sarani, Jayantika Apartment, 1 st Floor, Ballygunge, Kolkata-700 019. 2. PCIT, Central-1, Kolkata. 3. CIT(A)- 4. CIT- 5. CIT(DR), Kolkata Benches, Kolkata. True copy By order Assistant Registrar ITAT, Kolkata Benches Kolkata