Vinay Kumar Jha, Kolkata V. I.T.O.,Ward-63(4), Kolkata

ITA 146/KOL/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3361 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 25-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: A DEY
• Section: 22

Judgement Text

ITA NO. 146/KOL/2019 ASS ESSMENT YEAR: 2013-2014 VINAY KUMAR JHA 1 IN THE INCOME TAX APPELLATE TRIBUNAL, C(SMC) BENCH, KOLKATA [VIRTUAL COURT HEARING] BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT I.T.A. NO. 146/KOL/2019 ASSESSMENT YEAR: 2013-2014 VINAY KUMAR JHA,................................... ................................. APPELLANT FLAT NO.2D, SANKAAR APARTMENT, 8, LAKE RANGE, KOLKATA-700026 [PAN:ACHPJ4387J] -VS.- INCOME TAX OFFICER,................................ ................................ RESPONDENT WARD-63(4), KOLKATA, BAMBOO VILLA, 9 TH FLOOR, ROOM NO. 16, 169, A.J.C. BOSE ROAD, KOLKATA-700014 APPEARANCES BY: SHRI A. DEY, A.R., APPEARED ON BEHALF OF THE ASSESS EE SHRI JAYANTA KHANRA, JCIT, SR. D.R. APPEARED ON BEH ALF OF THE REVENUE DATE OF CONCLUDING THE HEARING : FEBRUARY 22, 2021 DATE OF PRONOUNCING THE ORDER : FEBRUARY 22, 2021 O R D E R THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-19, KOLKATA DA TED 17.09.2018 . 2. IN THIS CASE, THE LD. COUNSEL FOR THE ASSESSEE S UBMITTED THAT HE HAS DECIDED TO SETTLE THE DISPUTE INVOLVED IN THE SAID APPEAL UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 AND HAS DULY FILED T HE DECLARATIONS IN FORM NO. 1 AND FORM NO. 2 BUT THE DESIGNATED AUTHOR ITY HAS NOT ISSUED THE CERTIFICATE IN FORM NO. 3 AS PER SECTION 5(1) O F THE SCHEME SO FAR DETERMINING THE TAX PAYABLE BY HER UNDER THE SAME S CHEME. ITA NO. 146/KOL/2019 ASS ESSMENT YEAR: 2013-2014 VINAY KUMAR JHA 2 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, I PERMIT THE ASSESSEE TO WITHDRAW THIS APPEAL AND DISMISS THE AP PEAL WITH THE LIBERTY TO THE ASSESSEE THAT IN CASE, THERE IS ANY PROBLEM IN ISSUANCE OF THE CERTIFICATE IN FORM NO. 3 BY THE DESIGNATED AUTHORI TY OR ANY OTHER SUCH SITUATION MAKING THE ASSESSEE NOT ELIGIBLE TO OPT F OR THE VIVAD SE VISHWAS SCHEME, 2020, IT WILL HAVE THE LIBERTY TO APPROACH THIS TRIBUNAL WITH A REQUEST FOR RESTORATION OF THIS APPEAL. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON FEBRUARY 22, 2021. SD/ (P.M. JAGTAP) VICE-PRESIDE NT) KOLKATA, THE 22 ND DAY OF FEBRUARY, 2021 COPIES TO : (1) VINAY KUMAR JHA, FLAT NO.2D, SANKAAR APARTMENT, 8, LAKE RANGE, KOLKATA-700026 (2) INCOME TAX OFFICER, WARD-63(4), KOLKATA, BAMBOO VILLA, 9 TH FLOOR, ROOM NO. 16, 169, A.J.C. BOSE ROAD, KOLKATA-700014 (3) COMMISSIONER OF INCOME TAX (APPEALS)-19, KOLKA TA; (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.