Unique International Pvt.Ltd., Kolkata V. DCIT, CIR-8(2), Kolkata

ITA 1560/KOL/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 0945 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 05-07-2021
• Assessment Year: 2006-2007
• Appeal Filed On: 27-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RANU BISWAS
• Assessee Lawyers: NIMISH KUMAR
• Keywords: Competent authority

Judgement Text

1 ITA NO. 1560/KOL/2019 UNIQUE INTERNATIONAL PVT. LTD., AY 2006-07 , A , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: KOL KATA [BEFORE HONBLE SHRI P. M. JAGTAP, VICE PRESIDENT A ND HONBLE SHRI A. T. VARKEY, JM] I.T.A. NO. 1560/KOL/2019 ASSESSMENT YEAR: 2006-07 UNIQUE INTERNATIONAL PVT. LTD. (PAN: AAACU3880F) VS. DEPUTY COMMISSIONER OF INCOME- TAX-CIRCLE-8(2), KOLKATA. APPELLANT RESPONDENT DATE OF HEARING (VIRTUAL) 05.07.2021 DATE OF PRONOUNCEMENT 05.07.2021 FOR THE APPELLANT SHRI NIMISH KUMAR, CA FOR THE RESPONDENT SMT. RANU BISWAS, ADDL. CIT ORDER PER SHRI A. T. VARKEY, JM: THIS IS AN APPEAL PREFERRED BY THE ASSESSEE AGAINS T THE ORDER OF THE LD. CIT(A)-3, KOLKATA DATED 03.05.2019 FOR AY 2006-07. 2. AT THE OUTSET, THE LD. AR OF THE ASSESSEE SHRI N IMISH KUMAR, CA DREW OUR ATTENTION TO THE LETTER DATED 3 RD JULY, 2021 ADDRESSED TO THIS TRIBUNAL THAT THE ASS ESSEE HAD OPTED FOR THE VIVAD SE VISHWAS SCHEME, 2020 (HEREINAFTER REFERRED TO AS THE SCHEME) AND HAD FILED FORM NO. 1 AND 2 BEFORE THE COMPETENT AUTHORITY. PURSUANT TO THE SAME, THE COMPETENT AUTHORITY HAD ISSUED FORM NO. 3 THEREBY ASSESSEE HAD TO DEPOSIT RS.17.74 LAKHS AS DETERMINED VIDE FORM NO. 3. IT WAS POINTED OUT TO US THAT IN VIEW OF THE PANDEMIC AND LOCKDOWN, THE EXTENDED DATE FOR DEPOSITING THE AMOUNT OF RS. 17.74 LAKHS HAS BEEN EXTENDED UPTO 31 ST AUGUST, 2021. SO THE ASSESSEES PLEA IS THAT EVEN IF WITHDRAWAL OF THE APPEAL IS ALLOWED, THE A SSESSEE MAY BE GIVEN LIBERTY TO MOVE APPLICATION TO RECALL THIS ORDER IN CASE OF ANY UNSEEN DIFFICUL TIES FACED BY IT FOR NON-DEPOSITING THE AMOUNT. TH E LD. DR SMT. RANU BISWAS, ADDL. CIT DOES NOT HAVE AN Y OBJECTION TO THIS PROPOSAL OF THE ASSESSEE SINCE FORM 3 HAS BEEN ISSUED. 3. AFTER HEARING THE SUBMISSIONS OF BOTH THE SIDES, WE NOTE THAT ASSESSEE HAS RECEIVED THE FORM NO. 3 ISSUED BY THE COMPETENT AUTHORITY, AND PURSUA NT TO IT THE ASSESSEE HAS TO DEPOSIT RS.17.74 LAKHS BEFORE THE EXTENDED DATE UPTO 31 ST AUGUST, 2021OR AS PER ANY EXTENDED PERIOD OF TIME NOTIFIED 2 ITA NO. 1560/KOL/2019 UNIQUE INTERNATIONAL PVT. LTD., AY 2006-07 BY THE FINANCE MINISTRY/CBDT IN THIS REGARD. HOWEV ER, SINCE FORM 3 AS PER THE SCHEME, THE ASSESSEES PLEA IS THAT EVEN IF WITHDRAWAL OF THE A PPEAL IS ALLOWED, THE ASSESSEE MAY BE GIVEN LIBERT Y TO MOVE APPLICATION TO RECALL THIS ORDER IN CASE I T IS NOT ABLE TO DEPOSIT THE AMOUNT IN ACCORDANCE T O THE SCHEME. IN THE LIGHT OF THE AFORESAID DISCUSSIO N AND SINCE THE ASSESSEE HAD BEEN ISSUED WITH FORM NO.3 BY THE DEPARTMENT AS PER THE SCHEME, WE A RE OF THE OPINION THAT THERE IS NO POINT IN KEEPING THE APPEAL PENDING. THEREFORE, WE ALLOW THE ASSESSEE TO WITHDRAW THE INSTANT APPEAL. 4. HOWEVER, IN CASE IF THERE IS ANY DIFFICULTIES IN FUTURE AND THE ASSESSEE IS UNABLE TO FULFILL THE DEMAND RAISED BY THE DEPARTMENT (FORM NO. 3), THE A SSESSEE IS AT LIBERTY TO MOVE APPROPRIATE APPLICATION FOR RECALLING THIS ORDER. 5. IN THE RESULT, THE APPEAL OF ASSESSEE IS DISMISS ED AS WITHDRAWN SUBJECT TO THE CAVEAT AS OBSERVED ABOVE. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (P. M. JAGTAP) (A. T. VARKEY) VICE PRESIDENT JUDICIAL MEMBER DATE: 5 TH JULY, 2021. JD(SR.PS) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT M/S. UNIQUE INTERNATIONAL PVT. LTD., 11/1A/1, UNIQUE HOUSE, PLOT NO. 35, EAST TOPSIA ROAD, KOLKATA-700 046. 2 RESPONDENT DCIT, CIRCLE-8(2), KOLKATA. 3. 4. CIT(A) -3, KOLKATA, (SENT THROUGH E-MAIL) DCIT, CIRCLE -7(1), KOLKATA. 5. DR, KOLKATA BENCHES, KOLKATA (SENT THROUGH E-MAIL) / TRUE COPY, BY ORDER, SENIOR PVT. SECRETARY/DDO