Ricon Commodities Pvt. Ltd., Kolkata V. P.C.I.T.,-4, Kolkata

ITA 1649/KOL/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 7668 (ITAT-KOLKATA)
• Duration Of Justice: 3 year(s) 2 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-09-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 08-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: NIRAV SHETH
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 144; 10; 90; 154; 2; 11; 15; 271(1)(b); 139; 92; 5(2); 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH KOLKATA आयकर अपीलȣय अधीकरण, Ûयायपीठ – “C” कोलकाता, BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER (समƗ ŵी संजय गगŊ ÛयाǓयक सदèय एवं ŵी िगरीश अŤवाल लेखा सद˟ ITA No.1649/Kol/2019 Assessment Year: 2014-15 Ricon Commodities Pvt. Ltd. Mouza Kochpukur, Toji No. 145, PS: Bhangore, 24 Parganas South, Kolkata – 700 013. (PAN: (AACCR 7304 R) Vs. PCIT, Kolkata-4, Kolkata (Appellant) (Respondent) Present for: Appellant by : Shri Nirav Sheth, FCA Respondent by : Shri Amal Sudhir Kamat, CIT Date of Hearing : 12.09.2022 Date of Pronouncement : 13.09.2022 O R D E R PER GIRISH AGRAWAL, ACCOUNTANT MEMBER: This appeal by the assessee is directed against the order of ld. Pr. CIT-4, Kolkata dated 01.03.2019 for A.Y. 2014-15 passed u/s. 263 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). 2. Shri Nirav Sheth, FCA appeared for the assessee and Shri Amal Kamat, CIT appeared on behalf of the revenue. 3. At the time of hearing, Ld. AR of the assessee submitted that the assessee has opted for Direct Tax Vivad Se Vishwas Scheme, 2020 (hereinafter, the ‘scheme’) and had filed Form no. 1 and Form no. 2 before the Competent Authority and the Competent Authority had accepted it and had issued Form-3. Thereafter the assessee has ITA No.1649/Kol/2019 Ricon Commodities Pvt. Ltd., A.Y: 2014-15 2 remitted the tax as per Form 3 and filed form no. 4 and the department has also issued Form-5 in respect of order for full and final settlement of tax arrears u/s. 5(2) read with section 6 of the Direct Tax Vivad Se Vishwas Act, 2020 (3 of 2020). Since the assessee has paid the due taxes, there is no point in keeping the impugned appeal pending. Apropos the discussion (supra) and since ld. CIT, DR does not have any objection in withdrawing the same, we allow the assessee to withdraw the impugned appeal. 4. In the result, the appeal of the assessee is dismissed as withdrawn. Order is pronounced in the open court on 13 September, 2022 Sd/- Sd/- (SANJAY GARG) (GIRISH AGRAWAL) JUDICIAL MEMBER ACCOUNTANT MEMBER Kolkata, Dated: 13.09.2022 Biswajit, Sr. P.S. Copy to: 1. The Appellant: Ricon Commodities Pvt. Ltd. 2. The Respondent: PCIT, Kolkata-4, Kolkata. 3. CIT- Kolkata. 4. CIT(A)- Kolkata 5. The DR, ITAT, Kolkata Bench, Kolkata //True Copy// [ By Order Assistant Registrar ITAT, Kolkata Benches, Kolkata