Tirupati Cottex Pvt. Ltd., Kolkata V. Pr.CIT-4, Kolkata

ITA 138/KOL/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1006 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 5 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 31-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: JAYANTA KHANRA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH B, KOLKATA [BEFORE SHRI P.M. JAGTAP, HONBLE VICE-PRESIDENT (KZ) & SHRI A.T. VARKEY, HONBLE JUDICIAL MEMBER] [THROUGH VIRTUAL COURT] ITA NO. 138/KOL/2020 ASSESSMENT YEAR: 2009-10 M/S. TIRUPATI COTTEX PVT. LTD....................................APPELLANT 47B, NALINI SETH ROAD, 5 TH FLOOR, KOLKATA 700 007. [PAN : AAMCS 7446 R] VS PR. CIT 4, KOLKATA..RESPONDENT APPEARANCES BY: NONE APPEARING ON BEHALF OF THE ASSESSEE. SHRI JAYANTA KHANRA, JCIT APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : JULY 02, 2021 DATE OF PRONOUNCING THE ORDER : JULY 02, 2021 O R D E R PER BENCH: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)- 4, KOLKATA DATED 12.03.2019. 2. IN THIS CASE, THE DIRECTOR OF THE ASSESSEE HAS MOVED AN APPLICATION DATED 03.05.2021SEEKING WITHDRAWAL OF THIS APPEAL ON THE GROUND THAT HE HAS DECIDED TO SETTLE THE DISPUTE INVOLVED IN THE SAID APPEAL UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020. THE ASSESSEE HAS DULY FILED THE DECLARATIONS IN FORM NO. 1 AND FORM NO. 2 AND THE DESIGNATED AUTHORITY HAS ISSUED THE 2 ITA. NO.138/KOL/2020 (A.Y. 2009-10) M/S. TIRUPATI COTTEX PVT. LTD. CERTIFICATE IN FORM NO. 3 AS PER 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 COMPLIED WITH THE NECESSARY REQUIREMENTS UNDER VIVAD SE VISHWAS SCHEME, 2020, THE PERMISSION AS SOUGHT BY THE ASSESSEE IS GRANTED AND THIS APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 2 ND JULY, 2021. SD/- SD/- (A.T.VARKEY) (P.M. JAGTAP) JUDICIAL MEMBER VICE PRESIDENT DATED: 02/07/2021 BISWAJIT, SR. PS COPY OF ORDER FORWARDED TO: 1. M/S. TIRUPATI COTTEX PVT. LTD., 47B, NALINI SETH ROAD, 5 TH FLOOR, KOLKATA 700 007. 2. PCIT 4, KOLKATA. 3. THE CIT(A) 4. THE CIT 5. DR TRUE COPY, BY ORDER, SR. PRIVATE SECRETARY / DDO ITAT KOLKATA