Rupa Jhunjhunwala, Kolkata V. A.C.I.T.,Ciecle-51(1), Kolkata

ITA 1689/KOL/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4255 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 3 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-10-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 17-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Competent authority

Judgement Text

1 ITA NO.1689/KOL/2019 RUPAJHUNJHUNWALA., AY- 2015-16 , A(SMC) , IN THE INCOME TAX APPELLATE TRIBUNAL A(SMC) BENCH: KOLKATA ( ) . . , ) [BEFORE SHRI SHRI A. T. VARKEY, JM] ITA NO.1689/KOL/2019 ASSESSMENT YEAR: 2015-16 RUPA JHUNJHUNWALA (PAN: AEFPJ1915E) VS. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-51(1), KOLKATA. APPELLANT RESPONDENT DATE OF HEARING (VIRTUAL) 16.10.2020 DATE OF PRONOUNCEMENT 28.10.2020 FOR THE APPELLANT SHRI AKKAL DUDHWEWALA, AR FOR THE RESPONDENT SHRI JAYANTA KHANRA, JCIT, CIT, DR ORDER THIS APPEAL PREFERRED BY THE ASSESSEE IS AGAINST THE ORDER OF LD. CIT(A)-15, KOLKATA DATED 16-05-2019 FOR ASSESSMENT YEAR 2015-16. 2. AT THE OUTSET, THE LD. AR SHRI AKKAL DUDHWEWALA DREW OUR ATTENTION TO THE FACT THAT THE ASSESSEE HAD OPTED FOR THE DIRECT TAX VIVAD SE VISHWAS SCHEME 2020 (HEREINAFTER, THE SCHEME) AND ACCORDINGLY HAS FILED FORM 1 AND 2 BEFORE THE COMPETENT AUTHORITY AS PER THE SCHEME IN RESPECT OF THIS APPEAL AND IS AWAITING THE ISSUE OF FORM NO. 3 FROM THE COMPETENT AUTHORITY. HOWEVER, TAKING INTO CONSIDERATION THE FACT THAT SINCE THE ASSESSEE HAS ALREADY OPTED FOR THE VIVAD SE VISHWAS SCHEME, 2020 FOR THE ASSESSMENT YEAR 2015-16, THERE IS NO POINT IN KEEPING THE IMPUGNED APPEAL PENDING. 3. IN THE LIGHT OF THE AFORESAID DISCUSSION, WE TREAT THIS SUBMISSION OF THE LD AR INFORMING US THE FACT THAT ASSESSEE HAS OPTED FOR THE SAID SCHEME, THEREFORE, WE ALLOW THE ASSESSEE TO WITHDRAW THE IMPUGNED APPEAL. IN CASE, IF THE COMPETENT AUTHORITY AS PER THE SCHEME DOES NOT ACCEPT THE ASSESSEES PROPOSAL TO OPT FOR THE VIVAD SE VISHWAS SCHEME, 2020, 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. 2 ITA NO.1689/KOL/2019 RUPAJHUNJHUNWALA., AY- 2015-16 4. NEEDLESS TO SAY THAT OUR 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. 5. IN THE RESULT, THE APPEAL OF ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER IS PRONOUNCED IN THE OPEN COURT ON 28TH OCTOBER, 2020. SD/- (ABY. T. VARKEY) JUDICIALMEMBER DATED :28TH OCTOBER, 2020 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT SM. RUPA JHUNJHUNWALA, HB-319, SECTOR-III, SALT LAKE CITY, KOLKATA-700106. 2 RESPONDENT ACIT, CIRCLE-51(1), KOLKATA. 3. 4. 5. CIT(A)-15, KOLKATA. (SENT THROUGH E-MAIL) CIT- , KOLKATA DR, ITAT, KOLKATA. (SENT THROUGH E-MAIL) / TRUE COPY, BY ORDER, ASSISTANT REGISTRAR ITAT, KOLKATA.