DCIT, Circle - 5(1) , Kolkata V. M/s. Spencers Retail Ltd., , Kolkata

ITA 1779/KOL/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2374 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 3 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-11-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 29-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RANU BISWAS
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA B BENCH, KOLKATA VIRTUAL COURT HEARING (BEFORE SRI J. SUDHAKAR REDDY, HONBLE ACCOUNTANT MEMBER & SRI S.S. GODARA, HONBLE JUDICIAL MEMBER) ITA NO. 1913, 1779 & 1780 /KOL/2019 ASSESSMENT YEAR: 2010-11, 2011-12 & 2012-13 DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-5(1), KOLKATA................................APPELLANT VS. M/S. SPENCERS RETAIL LTD.......................................................................................RESPONDENT DUNCAN HOUSE 31, N.S. ROAD KOLKATA 700 001 [PAN : AABCG 3443 R] ITA NO. 1949 KOL/2019 ASSESSMENT YEAR: 2010-11 CESC LTD......................................................................................................................APPELLANT (SUCCESSOR TO SPENCERS RETAIL LTD. UPON AMALGAMATION) MR. DEBABRATA BHATTACHARYA VICE PRESIDENT (FINANCE) CESC LIMITED CESC HOUSE CHOWRINGHEE SQUARE KOLKATA 700 001 [PAN : AABCG 3443 R] VS. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-5(1), KOLKATA............................RESPONDENT APPEARANCES BY: MS. PRIYANKA SALARPURIA, A/R APPEARED ON BEHALF OF THE ASSESSEE. SMT. RANU BISWAS, ADDL. CIT, D/R, APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : OCTOBER 20 TH , 2020 DATE OF PRONOUNCING THE ORDER : NOVEMBER 25 TH , 2020 ORDER PER J. SUDHAKAR REDDY, AM :- THESE APPEALS FILED BY THE REVENUE ARE DIRECTED AGAINST THE SEPARATE ORDERS OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) KOLKATA, (HEREINAFTER THE LD.CIT(A)), PASSED U/S. 250 OF THE INCOME TAX ACT, 1961 (THE ACT), FOR THE ASSESSMENT YEAR 2010-11, 2011-12 & 2012-13. ITA NO. 1913, 1779 & 1780 /KOL/2019 ASSESSMENT YEAR: 2010-11, 2011-12 & 2012-13 2. THERE IS A DELAY OF 51 DAYS AND 36 DAYS IN FILING OF REVENUE APPEALS IN ITA NOS. 1779 & 1780 /KOL/2019, RESPECTIVELY. AFTER PERUSING THE PETITIONS FOR CONDONATION FOR DELAY, WE ARE CONVINCED THAT THE REVENUE WAS PREVENTED BY SUFFICIENT CAUSE IN FILING THE APPEALS IN TIME. HENCE, WE CONDONE THE DELAY AND ADMIT THESE APPEALS. 3. THE LD. COUNSEL FOR THE ASSESSEE UNDER VIVAD SE VISWAS SCHEME WITHDRAWN. THE LD. D/R SUBMITTED THAT SHE HAS NO OBJECTION IF THE APPEALS ARE DISMISSED AS WITHDRAWN, SUBJECT TO A RIDER THAT APPLICATION FOR SETTLEMENT OF THESE DISPUTES UNDER THE SCHEME IS NOT ACCEPTED BY THE COMPETENT AUTHORITIES. 4. HEARD RIVAL CONTENTIONS. THE ASSESSEE HAS FILED AN APPLICATION FOR SETTLEMENT OF THE DISPUTES UNDER VIVAD SE VISWAS SCHEME APPEALS AS WITHDRAWN WITH A CONDITION THAT, THE REVENUE WILL BE AT LIBERTY TO APPLY FOR RESTORATION OF THE APPEALS SO DISMISSED, UNDER VIVAD SE VISWAS SCHEME 5. IN THE RESULT, ALL THESE APPEALS OF THE REVENUE ARE DISMISSED ITA NO. 1949 KOL/2019 ASSESSMENT YEAR: 2010-11 6. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS AVAILING THE SE VISHWAS SCHEME AND HAS FILED AN APPLICATION IN THIS REGARD. HE PRAYED THAT IF ITS APPLICATION UNDER THE SCHEME IS REJECTED BY THE AUTHORITIES, THE APPEAL MAY BE RESTORED. HE SUBMITTED THAT IF SUCH AN ASSURANCE IS RECORDED IN THE ORDER, HE WOULD WITHDRAW THIS APP EAL BEFORE THE TRIBUNAL. THE LD. D/R HAD NO OBJECTION. 7. AFTER HEARING RIVAL CONTENTIONS, WE DISMISS THIS APPEAL AS WITHDRAWN WITH THE CONDITION THAT THE SAME SHALL BE RESTORED IN CASE THE AUTHORITIES DO NOT APPROVE THE APPLICATION FILED BY THE ASSESSEE F SCHEME. 8. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. KOLKATA, THE SD/- [ S. S. GODARA ] JUDICIAL MEMBER DATED : 25.11.2020 {SC SPS} 2 ITA NO. 1913, 1779 & 1780 /KOL/2019 ASSESSMENT YEAR: 2010 THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THEY HAVE FILED APPLICATI VIVAD SE VISWAS SCHEME AND THAT THE REVENUE APPEALS SHOULD BE DISMISSED AS WITHDRAWN. THE LD. D/R SUBMITTED THAT SHE HAS NO OBJECTION IF THE APPEALS ARE DISMISSED SUBJECT TO A RIDER THAT THESE APPEALS SHOULD BE RESTORED APPLICATION FOR SETTLEMENT OF THESE DISPUTES UNDER THE SCHEME IS NOT ACCEPTED BY THE HEARD RIVAL CONTENTIONS. THE ASSESSEE HAS FILED AN APPLICATION FOR SETTLEMENT OF VIVAD SE VISWAS SCHEME . THUS, WE DISMISS ALL THESE REVENUE APPEALS AS WITHDRAWN WITH A CONDITION THAT, THE REVENUE WILL BE AT LIBERTY TO APPLY FOR APPEALS SO DISMISSED, IN CASE THE APPLICATION MADE BY THE ASSESSEE VIVAD SE VISWAS SCHEME IS NOT ACCEPTED BY THE COMPETENT AUTHORITIES. IN THE RESULT, ALL THESE APPEALS OF THE REVENUE ARE DISMISSED AS WITHDRAWN THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS AVAILING THE AND HAS FILED AN APPLICATION IN THIS REGARD. HE PRAYED THAT IF ITS APPLICATION UNDER THE SCHEME IS REJECTED BY THE AUTHORITIES, THE APPEAL MAY BE RESTORED. HE SUBMITTED THAT IF SUCH AN ASSURANCE IS RECORDED IN THE ORDER, HE WOULD WITHDRAW THIS EAL BEFORE THE TRIBUNAL. THE LD. D/R HAD NO OBJECTION. AFTER HEARING RIVAL CONTENTIONS, WE DISMISS THIS APPEAL AS WITHDRAWN WITH THE CONDITION THAT THE SAME SHALL BE RESTORED IN CASE THE AUTHORITIES DO NOT APPROVE THE APPLICATION FILED BY THE ASSESSEE F OR RESOLUTION OF THE DISPUTE UNDER IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. KOLKATA, THE 25 TH DAY OF NOVEMBER, 20 20 [ J. SUDHAKAR REDDY ACCOUNTANT MEMBER ITA NO. 1913, 1779 & 1780 /KOL/2019 ASSESSMENT YEAR: 2010 -11, 2011-12 & 2012-13 M/S. SPENCERS RETAIL LTD ITA NO. 1949 KOL/2019 ASSESSMENT YEAR: 2010-11 CESC LTD SUBMITTED THAT THEY HAVE FILED APPLICATI ONS AND THAT THE REVENUE APPEALS SHOULD BE DISMISSED AS WITHDRAWN. THE LD. D/R SUBMITTED THAT SHE HAS NO OBJECTION IF THE APPEALS ARE DISMISSED BE RESTORED , IN CASE THE APPLICATION FOR SETTLEMENT OF THESE DISPUTES UNDER THE SCHEME IS NOT ACCEPTED BY THE HEARD RIVAL CONTENTIONS. THE ASSESSEE HAS FILED AN APPLICATION FOR SETTLEMENT OF ALL THESE REVENUE APPEALS AS WITHDRAWN WITH A CONDITION THAT, THE REVENUE WILL BE AT LIBERTY TO APPLY FOR IN CASE THE APPLICATION MADE BY THE ASSESSEE COMPETENT AUTHORITIES. AS WITHDRAWN . THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS AVAILING THE VIVAD AND HAS FILED AN APPLICATION IN THIS REGARD. HE PRAYED THAT IF ITS APPLICATION UNDER THE SCHEME IS REJECTED BY THE AUTHORITIES, THE APPEAL MAY BE RESTORED. HE SUBMITTED THAT IF SUCH AN ASSURANCE IS RECORDED IN THE ORDER, HE WOULD WITHDRAW THIS AFTER HEARING RIVAL CONTENTIONS, WE DISMISS THIS APPEAL AS WITHDRAWN WITH THE CONDITION THAT THE SAME SHALL BE RESTORED IN CASE THE AUTHORITIES DO NOT APPROVE THE OR RESOLUTION OF THE DISPUTE UNDER VIVAD SE VISHWAS 20 . SD/- J. SUDHAKAR REDDY ] ACCOUNTANT MEMBER COPY OF THE ORDER FORWARDED TO: 1. M/S. SPENCERS RETAIL LTD DUNCAN HOUSE 31, N.S. ROAD KOLKATA 700 001 2. CESC LTD (SUCCESSOR TO SPENCERS RETAIL LTD. UPON AMALGAMATION) MR. DEBABRATA BHATTACHARYA VICE PRESIDENT (FINANCE) CESC LIMITED CESC HOUSE CHOWRINGHEE SQUARE KOLKATA 700 001 3. DEPUTY COMMISSIONER OF INCOME 4. CIT(A)- 5. CIT- , 6 . CIT(DR), KOLKATA BENCHES, KOLKATA. 3 ITA NO. 1913, 1779 & 1780 /KOL/2019 ASSESSMENT YEAR: 2010 (SUCCESSOR TO SPENCERS RETAIL LTD. UPON AMALGAMATION) DEPUTY COMMISSIONER OF INCOME -TAX, CIRCLE-5(1), KOLKATA . CIT(DR), KOLKATA BENCHES, KOLKATA. ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES ITA NO. 1913, 1779 & 1780 /KOL/2019 ASSESSMENT YEAR: 2010 -11, 2011-12 & 2012-13 M/S. SPENCERS RETAIL LTD ITA NO. 1949 KOL/2019 ASSESSMENT YEAR: 2010-11 CESC LTD TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES