M/s. Kaushalya Infrastructure Development Corporation Ltd., Kolkata V. DCIT, Central Circle - 3(3), Kolkata

ITA 1643/KOL/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6096 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 9 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 08-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: JAYANTA KHANRA
• Assessee Lawyers: MIRAJ D. SHAH
• Keywords: Competent authority

Judgement Text

ITA NO.1643/KOL/2019 M/S KAUSHALYA INFRASTRUCTURE DEVELOPMENT CORPORATIO N LTD. A.Y. 2012-13 1 | P A GE , C , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOL KATA [BEFORE SHRI P. M. JAGTAP, VICE-PRESIDENT (KZ) AND SHRI A. T. VARKEY, JM] I.T.A. NO. 1643/KOL/2019 ASSESSMENT YEAR: 2012-13 M/S KAUSHALYA INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. (PAN: AACCK 1581 F) VS. DCIT,CIRCLE-3(3), KOLKATA APPELLANT RESPONDENT DATE OF HEARING (VIRTUAL) 23.04.2021 DATE OF PRONOUNCEMENT 23.04.2021 FOR THE APPELLANT SHRI MIRAJ D SHAH, A.R FOR THE RESPONDENT SHRI JAYANTA KHANRA, JCIT, SR. D R ORDER PER SHRI A. T. VARKEY, JM: THIS IS AN APPEAL PREFERRED BY THE ASSESSEE IS AGA INST THE ORDER OF LD. CIT(A)-21, KOLKATA DATED 12.03.2018 FOR ASSESSMENT YEAR 2012-1 3. 2. IT HAS BEEN INTIMATED TO US THAT THE ASSESSEE H AS OPTED FOR THE SCHEME UNDER VIVAD SE VISHWAS ACT, 2020 (HEREINAFTER THE SCHEME) AN D FILED FORM NO. 1 AND 2 BEFORE THE COMPETENT AUTHORITY AND IS AWAITING/ RECEIVED FORM NO. 3. IN CASE IF THE ASSESSEE HAS RECEIVED FORM NO. 3, PURSUANT TO THE ASSESSEE OPTIN G FOR THE SCHEME THEN THE APPEAL OF THE ASSESSEE TO BE DEEMED TO HAVE BEEN AND THE APPEAL O F ASSESSEE WOULD STAND DISMISSED AS WITHDRAWN. 3. AND IN CASE IF THE COMPETENT AUTHORITY UNDER THE SCHEME HAS NOT ACCEPTED THE PROPOSAL MOVED BY THE ASSESSEE FOR SETTLEMENT UNDER THE SCHEME THEN, IT IS AT LIBERTY TO MOVE AN APPLICATION FOR RECALLING THE ORDER DISMIS SING AT AS WITHDRAWN. ITA NO.1643/KOL/2019 M/S KAUSHALYA INFRASTRUCTURE DEVELOPMENT CORPORATIO N LTD. A.Y. 2012-13 2 | P A GE 4. NEEDLESS TO SAY, THAT THIS ACTION OF OURS WILL N OT PRECLUDE THE ACTION OF THE COMPETENT AUTHORITY TO ACCEPT THE PROPOSAL OF THE A SSESSEE BY ISSUING FORM NO. 3 IN ACCORDANCE TO LAW AND AS PER THE SCHEME. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TR EATED AS DISMISSED IN TERMS AS STATED SUPRA. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (P. M. JAGTAP) (A. T. VARKEY) VICE-PRESIDENT JUDICIA L MEMBER DATED: 23.04.2021 SB, SR. PS COPY OF THE ORDER FORWARDED TO: 1. APPELLANT- M/S KAUSHALYA INFRASTRUCTURE DEVELOPMENT CORPORATION LTD., HB-170, SECTOR-III, SALTLAKE, KOLKATA-700106 2. RESPONDENT DCIT, CIRCLE-3(3), KOLKATA 3. THE CIT(A)- 21, KOLKATA (SENT THROUGH E-MAIL) 4. CIT- , KOLKATA 5. DR, KOLKATA BENCHES, KOLKATA (SENT THROUGH E-MAIL) TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES, KOLKATA