M/s. Pragati Veneers Pvt. Ltd., Kolkata V. Income Tax Officer, Ward - 1, Dimapur

ITA 137/GTY/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0497 (ITAT-GUWAHATI)
• Duration Of Justice: 3 year(s) 7 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 10-08-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: JAYANTA KHANGRA
• Keywords: Competent authority
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL GAUHATI VIRTUAL COURTAT KOLKATA BEFORE SRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER & SRI A. T. VARKEY, JUDICIAL MEMBER ITA NO.137/GAU/2017 ASSESSMENT YEAR:2011-12 M/S PRAGATI VENEERS PVT. LTD., KOLKATA (SINCE MERGED WITH SAROJ VANIJYA PVT. LTD.) NEW TOWN, RAJARHAT, KOLKATA 700156. / V/S . ITO, WARD-1, DIMAPUR [ PAN NO. AABCP2048P ] /APPELLANT .. /RESPONDENT /BY APPELLANT NONE /BY RESPONDENT SHRI JAYANTA KHANGRA, JCIT, DR /DATE OF HEARING MARCH 05, 2021 /DATE OF PRONOUNCEMENT MARCH 12 , 2021 ORDER PER BENCH:- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) (HEREINAFTER THE LD. CIT(A)) PASSED U/S 250 OF THE INCOME TAX ACT, 1961 (THE ACT). 2. NONE APPEARED ON BEHALF OF THE ASSESSEES. AT THE OUTSET, IT IS NOTICED FROM THE LETTERS 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 THE ITA NO.137/GAU/2017 M/S PRAGATI VENEERS PVT. LTD., KOLKATA (SINCE MERGED WITH SAROJ VANIJYA PVT. LTD.) PAGE 2 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 APPEALS. 3. IN THE RESULT, THE APPEAL OF ASSESSEE IS DISMISSED AS WITHDRAWN. KOLKATA, THE 12 TH MARCH, 2021. SD/- SD/- [ A. T. VARKEY ] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 12.03.2021 RS / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT- M/S PRAGATI VENEERS PVT. LTD., KOLKATA (SINCE MERGED WITH SAROJ VANIJYA PVT. LTD.) 2. /RESPONDENT- ITO, WARD-1, DIMAPUR 3. / CONCERNED CIT GUWAHATI 4. - / CIT (A) 5. , / DR, ITAT, GUWAHATI 6. [ / GUARD FILE. BY ORDER/ , SR. PRIVATE SECRETARY /DDO/H.O.O, ITAT