Puspak Developers Private Limited , Kolkata V. ITO, Ward- 7(2), Kolkata , Kolkata

ITA 1325/KOL/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4694 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 7 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 15-06-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RANU BISWAS

Judgement Text

ITA NO. 1325/KOL/2018 ASS ESSMENT YEAR: 2012-2013 PUSPAK DEVELOPERS PRIVATE LIMITED 1 IN THE INCOME TAX APPELLATE TRIBUNAL, B BENCH, KOLKATA [VIRTUAL COURT HEARING] BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT & SHRI A.T. VARKEY, JUDICIAL MEMBER I.T.A. NO. 1325/KOL/2018 ASSESSMENT YEAR: 2012-2013 PUSPAK DEVELOPERS PRIVATE LIMITED,................. ................... APPELLANT 29B, RABINDRA SARANI, 3 RD FLOOR, ROOM NO. 2E, KOLKATA-700073 [PAN:AAECP5224A] -VS.- INCOME TAX OFFICER,................................ ............................ RESPONDENT WARD-7(2), KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700069 APPEARANCES BY: NONE, APPEARED ON BEHALF OF THE ASSESSEE SMT. RANU BISWAS, ADDL. CIT, APPEARED ON BEHALF OF THE REVENUE DATE OF CONCLUDING THE HEARING : FEBRUARY 12, 2021 DATE OF PRONOUNCING THE ORDER : FEBRUARY 12, 2021 O R D E R PER BENCH :- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-3, KOLKATA, DA TED 14.02.2017 . 2. IN THIS CASE, THE DIRECTOR OF THE ASSESSEE-COMPA NY HAS MOVED AN APPLICATION DATED 08.02.2021 SEEKING WITHDRAWAL OF THIS APPEAL ON THE GROUND THAT IT HAS DECIDED TO SETTLE THE DISPUTE IN VOLVED IN THE SAID APPEAL UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2 020. THE ASSESSEE HAS DULY FILED THE DECLARATIONS IN FORM NO. 1 AND F ORM NO. 2 AND THE DESIGNATED AUTHORITY HAS ISSUED THE CERTIFICATE IN FORM NO. 3 AS PER ITA NO. 1325/KOL/2018 ASS ESSMENT YEAR: 2012-2013 PUSPAK DEVELOPERS PRIVATE LIMITED 2 SECTION 5(1) OF THE SCHEME ACCEPTING THE ASSESSEES DECLARATION UNDER THE SAME SCHEME. 3. KEEPING IN VIEW THESE FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING ESPECIALLY THE FACT THAT THE ASSESSEE HAS DULY COMP LIED WITH THE NECESSARY REQUIREMENTS UNDER VIVAD SE VISHWAS SCHEME, 2020, T HE PERMISSION AS SOUGHT BY THE ASSESSEE IS GRANTED AND THIS APPEAL O F THE ASSESSEE IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON FEBRUARY 12, 2021. SD/- SD/- (A.T. VARKEY) (P.M. JAGTAP) JUDICIAL MEMBER VICE-PRESIDENT) KOLKATA, THE 12 TH DAY OF FEBRUARY, 2021 COPIES TO : (1) PUSPAK DEVELOPERS PRIVATE LIMITED, 29B, RABINDRA SARANI, 3 RD FLOOR, ROOM NO. 2E, KOLKATA-700073 (2) INCOME TAX OFFICER, WARD-7(2), KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700069 (3) COMMISSIONER OF INCOME TAX (APPEALS)-3, KOLKAT A, (4) COMMISSIONER OF INCOME TAX- , (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.