Kamakhya Endeavours (P) Ltd, Guwahati V. Income Tax Officer, Ward-4(2), Guwahati

ITA 166/GTY/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4538 (ITAT-GUWAHATI)
• Duration Of Justice: 10 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-09-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 29-10-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUBHRAJYOTI BHATTACHARYA LD
• Keywords: Competent authority
• Section: 13

Judgement Text

1 ITA NO . 16 6 / G TY / 20 20 KAMAKHYA ENDEAVOURS P.LTD IN THE INCOME TAX APPELLATE TRIBUNAL GUWAHATI BENCH, VIRTUAL HEARING AT KOLKATA [BEFORE SHRI P.M. JAGTAP, HON.V.P (KZ) & SHRI A. T. VARKEY, JM ] I.T.A. NO. 16 6 /GAU/20 20 ASSESSMENT YEAR: 20 12 - 13 KAMAKHYA ENDEAVOURS PVT. LTD. (PREVIOUSLY KNOWN AS KAMAKH YA HEALTH CARE (P) LTD) A.T ROAD, (DINESH GOSWAMIPATH) BHARALUMUKH, GUWAHATI - 781009. PAN: AADCK6185E VS. THE I.T.O., WARD - 4(2), GUWAHATI APP ELLANT RESPONDENT DATE OF HEARING 24 .0 9 .202 1 DATE OF PRONOUNCEMENT 24 .0 9 .202 1 FOR THE APPELLANT NONE FOR THE RESPONDENT SHRI SUBHRAJYOTI BHATTACHARYA, LD. SR.DR ORDER PER SHRI P.M. JAGTAP , VICE - PRESIDENT TH IS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF LD. CIT(A) , 2, GUWAHATI DATED 14 - 08 - 2018 FOR THE ASSESSMENT YEAR S 20 1 2 - 13 . 2. NO NE APPEARED ON BEHALF OF THE ASSESSEE. AT THE OUTSET, IT IS NOTICED FROM THE LETTER OF THE ASSESSEE DATED 10.09.2021 THAT THE ASSESSEE HA S OPTED FOR DIRECT TAX VIVAD SE VISHWAS SCHEME, 2020 (HEREINAFTER, THE SCHEME) AND HA S FILED FORM - 1, FORM - 2 BEFORE THE COMPETENT AUTHORITY AND PURSUANT TO WHICH THE ASSESSEE HA S RECEIVED FORM NO.3 FROM THE COMPETENT AUTHORITY. THEREFORE, TAKING INTO CONSIDERATION THE FACT THAT SINCE THE ASSESSEE HAS OPTED FOR THE SCHEME AND IS IN RECEIPT OF FORM NO. 3, THERE IS NO PO INT IN KEEPING THE IMPUGNED APPEAL PENDING. 2 ITA NO . 16 6 / G TY / 20 20 KAMAKHYA ENDEAVOURS P.LTD 3. IN THE LIGHT OF THE AFORESAID DISCUSSION, WE TREAT THIS SUBMISSION OF THE ASSESSEE INFORMING THE TRIBUNAL THE FACT THAT ASSESSEE HAS OPTED FOR THE SAID SCHEME AND IS IN RECEIPT OF FORM NO.3, THEREFORE, WE A LLOW THE ASSESSEE TO WITHDRAW THE CAPTIONED APPEAL WITH A CAVEAT THAT IN CASE, IF THE COMPETENT AUTHORITY UNDER THE SCHEME, DOES NOT ACCEPT THE PROPOSAL OF ASSESSEE TO OPT FOR THE SCHEME, THEN THE ASSESSEE IS AT LIBERTY TO MOVE AN APPLICATION FOR RECALLING THIS ORDER. WITH THE AFORESAID CAVEAT, WE ALLOW THE ASSESSEE TO WITHDRAW THE CAPTIONED APPEAL. 4. NEEDLESS TO SAY THAT THE AFORESAID ACTION ALLOWING THE ASSESSEE TO WITHDRAW THE APPEAL, WILL NOT COME IN THE WAY OF THE COMPETENT AUTHORITY OF REVENUE TO ACCEPT THE ASSESSEES SAID OPTION/SCHEME FOR AVAILING VIVAD SE VISHWAS SCHEME, 2020 PROVIDED THE ASSESSEE REMITS THE TAX DUE AS PER FORM NO. 3 OF THE SCHEME. 5. IN THE RESULT, THE APPEAL OF ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER IS PRONOUNCED IN THE OPEN COURT ON 24 TH SEPTEMBER, 202 1 SD/ - SD/ - ( ABY. T. VARKEY ) ( P.M.JAGTAP ) JUDICIAL MEMBER VICE - PRESIDENT (KZ) DATED : 24 TH SEPTEMBER , 202 1 ** PP (SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. RESPECTIVE APPELLANT /ASSESSEE 2 RESPONDENT /DEPARTMENT 3. 4. 5. CIT(A), CIT - , DR, ITAT, GUWAHATI. / TRUE COPY, BY ORDER, SENIOR PVT. SECY.