Century Enka Limited, Pune V. DCIT, Circle-6(1), Kolkata

ITA 1645/KOL/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8717 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 6 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 08-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DHRUBAJYOTI ROY
• Keywords: Competent authority
• Section: 72

Judgement Text

ITA NO. 1645/KOL/2019 CENTURY ENKA LIMITED, A.Y. 2012-13 1 | P A GE , B , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: KOLKATA [BEFORE SHRI J. SUDHAKAR REDDY, AM AND SHRI A. T. VARKEY, JM] I.T.A. NO. 1645/KOL/2019 ASSESSMENT YEAR: 2012-13 CENTURY ENKA LIMITED (PAN: AABCC2491D) VS. DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-6(1), KOLKATA. APPELLANT RESPONDENT DATE OF HEARING (VIRTUAL) 08.01.2021 DATE OF PRONOUNCEMENT 08.01.2021 FOR THE APPELLANT NONE FOR THE RESPONDENT SHRI DHRUBAJYOTI ROY, JCIT ORDER PER BENCH: THIS IS AN APPEAL PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF LD. CIT(A)- 7, KOLKATA DATED 08.05.2019 FOR AY 2012-13. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. AT THE OUTSET, IT IS NOTICED FROM THE LETTER OF THE ASSESSEE DATED 15.12.2020 THAT THE ASSESSEE HAD FILED FORM 1 AND 2 UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT IN RESPECT OF THIS APPEAL 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 2012-13, 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. 3. IN THE RESULT, THE APPEAL OF ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/-(J.S. REDDY) SD/-(A. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 08.01.2021 ITA NO. 1645/KOL/2019 CENTURY ENKA LIMITED, A.Y. 2012-13 2 | P A GE JD, SR. PS COPY OF THE ORDER FORWARDED TO: 1. APPELLANT- M/S. CENTURY ENKA LIMITED, PLOT NO. 72 & 72A, TELCO BHOSARI ROAD, MIDC-BHOSARI, PUNE, MAHARASHTRA-411026. 2. THE CIT(A)- 7, KOLKATA (SENT THROUGH E-MAIL) 3. CIT- , KOLKATA 4. DR, KOLKATA BENCHES, KOLKATA (SENT THROUGH E-MAIL) TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES, KOLKATA