Appeal Details
Counselvise Citation
[2021] 108 COUNSELVISE.COM (IT) 6773 (ITAT-KOLKATA)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
4 year(s) 6 month(s) 29 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
06-04-2021
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
A
Next Hearing Date
25-03-2021
Assessment Year
2010-2011
Appeal Filed On
08-09-2016
Judgement Text
ITA NO.1791/KOL/2016 M/S MARSHALL SONS & CO. (INDIA) PVT. LTD. A.Y. 2010-11 1 | P A GE , A , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: KOL KATA [BEFORE SHRI J. SUDHAKAR REDDY, AM AND SHRI A. T. VARKEY, JM] I.T.A. NO. 1791/KOL/2016 ASSESSMENT YEAR: 2010-11 DCIT, CIRCLE-1(1), KOLKATA VS. M/S MARSHALL SONS & CO. (INDIA) PVT. LTD. (PAN: AACCM 1495 L) APPELLANT RESPONDENT DATE OF HEARING (VIRTUAL) 25.03.2021 DATE OF PRONOUNCEMENT 06.04.2021 FOR THE APPELLANT SHRI PRAVEEN KISHORE, CIT SR. D. R FOR THE RESPONDENT SHRI M. D. SHAH, A.R ORDER PER SHRI A. T. VARKEY, JM: THIS IS AN APPEAL PREFERRED BY THE REVENUE IS AGAI NST THE ORDER OF LD. CIT(A)-1, KOLKATA DATED 22.06.2016 FOR ASSESSMENT YEAR 2010-1 1. 2. THE ASSESSEE VIDE ITS LETTER DATED 24.03.2021 SUBMITTED THAT IT HAS OPTED FOR THE SCHEME UNDER VIVAD SE VISHWAS ACT, 2020 (HEREINAF TER THE SCHEME). THE ASSESSEE STATES THAT IT HAS ALREADY FILED FORM NO. 1 AND 2 BEFORE T HE COMPETENT AUTHORITY. FURTHER THE ASSESSEE SUBMITS THAT SINCE THE ASSESSEE HAS PREFER RED TO OPT FOR THE SCHEME, AS PER SECTION 4(2) OF THE VIVAD SE VISHWAS ACT, 2020, THE REVEN UE APPEAL SHOULD BE DEEMED TO HAVE BEEN WITHDRAWN. IN THE LIGHT OF THE AFORESAID FACTS , THE LD. A.R OF THE ASSESSEE SHRI M.D.SHAH REQUESTS THAT THE REVENUE APPEAL BE DISMI SSED AS WITHDRAWN. 3. THE LD. D.R HAS NO OBJECTION TO THE REVENUE APPE AL BEING DISMISSED AS WITHDRAWN. ITA NO.1791/KOL/2016 M/S MARSHALL SONS & CO. (INDIA) PVT. LTD. A.Y. 2010-11 2 | P A GE 4. IN VIEW OF THE SUBMISSIONS OF BOTH THE PARTIES, THE REVENUE APPEAL IS DISMISSED AS DEEMED TO HAVE BEEN WITHDRAWN. HOWEVER, IN CASE TH E ASSESSEES PROPOSAL TO OPT FOR THE SCHEME IS NOT ACCEPTED BY THE COMPETENT AUTHORITY A S PER THE SCHEME, THEN THE ASSESSEE SHOULD BRING THAT FACT TO THE NOTICE OF THIS TRIBUN AL/AO AND THE DEPARTMENT TO TAKE ACTION TO RESTORE THE APPEAL/RECALL OF THIS ORDER. WITH THIS CAVEAT, THE REVENUES APPEAL IS DEEMED TO HAVE BEEN DISMISSED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS TREA TED AS DISMISSED. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (J.S. REDDY) (A. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 06.04.2021 SB, SR. PS COPY OF THE ORDER FORWARDED TO: 1. APPELLANT- DCIT, CIRCLE-1(1), KOLKATA 2. RESPONDENT M/S MARSHALL SONS & CO. (INDIA) PVT. L TD., MCLEOD HOUSE, 3, NETAJI SUBHAS ROAD, 1 ST FLOOR, KOLKATA-700001 3. THE CIT(A)- 1, KOLKATA (SENT THROUGH E-MAIL) 4. CIT- , KOLKATA 5. DR, KOLKATA BENCHES, KOLKATA (SENT THROUGH E-MAIL) TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES, KOLKATA
