M/s Jindal Vinimay Pvt. Ltd., Kolkata V. ITO, Ward-4(2), Kolkata, Kolkata

ITA 1480/KOL/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7347 (ITAT-KOLKATA)
• Duration Of Justice: 4 year(s) 6 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 13-07-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: JAYANTA KHANRA
• Assessee Lawyers: N O N E
• Keywords: Competent authority

Judgement Text

1 ITA NO.1480/KOL/2016 JINDAL VINIMAY PVT. LTD. AY 2008-09 IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, KOLKATA ( ) . . , . . , ) [BEFORE SHRI P.M. JAGTAP, VICE PRESIDENT (KZ) &SHRI A. T. VARKEY, JM] I.T.A. NO. 1480/KOL/2016 ASSESSMENT YEAR:2008-09 M/S. JINDAL VINIMAY PVT. LTD. (PAN: AABCJ9604K) VS. INCOME-TAX OFFICER, WARD-4(2), KOLKATA. APPELLANT RESPONDENT DATE OF VIRTUAL HEARING 15.01.2021 DATE OF PRONOUNCEMENT 15.01.2021 FOR THE APPELLANT N O N E FOR THE RESPONDENT SHRI JAYANTA KHANRA, ADDL. CIT ORDER PER BENCH: THIS APPEAL HAS BEEN PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF THE LD.CIT(A)-6, KOLKATA DATED 11.03.2016 FOR AY 2008-09. APPEAL OF APPEAL IS TIME BARRED BY 28 DAYS. AFTER PERUSING THE CONDONATION PETITION, WE CONDONE THE DELAY AND ADMIT THE APPEAL FOR HEARING. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. AT THE OUTSET, IT IS NOTICED FROM THE LETTER OF THE LD. AR OF THE ASSESSEE SHRI I. P. BANSAL DATED 12.01.2021 THAT THE ASSESSEE HAD FILED FORM 1 AND 2 UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT IN RESPECT OF ALL THESE APPEALS 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 SCHEME FOR THE AY 2008-09, THERE IS NO POINT IN KEEPING THE IMPUGNED APPEAL PENDING. IN THE LIGHT OF THE AFORESAID DISCUSSION AND THE 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 APPEAL. 2 ITA NO.1480/KOL/2016 JINDAL VINIMAY PVT. LTD. AY 2008-09 3. IN THE RESULT, THE APPEAL OF ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (P. M. JAGTAP) (ABY. T. VARKEY) VICE PRESIDENT JUDICIAL MEMBER DATED : 15.01.2021 JD(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT M/S. JINDAL VINIMAY PVT. LTD., 25, BARANASHI GHOSH STREET, KOLKATA700 007. 2 RESPONDENT ITO, WARD-4(2), KOLKATA. 3. 4. 5. CIT(A)-6, KOLKATA. (SENT THROUGH E-MAIL) CIT, KOLKATA DR, ITAT, KOLKATA. (SENT THROUGH E-MAIL) / TRUE COPY, BY ORDER, ASSISTANT REGISTRAR