Janhavi Gupta Benefit Trust, Kolkata V. I.T.O.,Ward-35(2), Kolkata

ITA 1798/KOL/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5619 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 9 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 03-05-2021
• Assessment Year: 2015-2016
• Appeal Filed On: 30-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

ITA NO. 1798/KOL/2020 ASS ESSMENT YEAR: 2015-2016 JANH AVI GUPTA BENEFIT TRUST 1 IN THE INCOME TAX APPELLATE TRIBUNAL, B(SMC) BENCH, KOLKATA [VIRTUAL COURT HEARING] BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT I.T.A. NO. 1798/KOL/2019 ASSESSMENT YEAR: 2015-2016 JANHAVI GUPTA BENEFIT TRUST,....................... .............................. APPELLANT C/O. SUBASH AGARWAL & ASSOCIATES, ADVOCATES, SIDDHA GIBSON, 1, GIBSON LANE, SUITE-213, 2 ND FLOOR, KOLKATA-700069 [PAN:AABTJ2748R] -VS.- INCOME TAX OFFICER,................................ ................................ RESPONDENT WARD-35(2), KOLKATA, AAYAKAR BHAWAN POORVA, 110, SHANTI PALLY, KOLKATA-700107 APPEARANCES BY: N O N E, APPEARED ON BEHALF OF THE ASSESSEE SHRI JAYANTA KHANRA, JCIT, SR. D.R., APPEARED ON BE HALF OF THE REVENUE DATE OF CONCLUDING THE HEARING : MAY 03, 2021 DATE OF PRONOUNCING THE ORDER : MAY 03, 2021 O R D E R THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-10, KOLKATA DA TED 21.06.2019 . 2. IN THIS CASE, SHRI RAJENDRA GUPTA, ONE OF THE TR USTEES OF THE ASSESSEE-TRUST, HAS MOVED AN APPLICATION DATED 22.0 4.2021 SEEKING WITHDRAWAL OF THIS APPEAL ON THE GROUND THAT THEY H AVE DECIDED TO SETTLE THE DISPUTE INVOLVED IN THE SAID APPEAL UNDER THE D IRECT TAX VIVAD SE VISHWAS ACT, 2020. THE ASSESSEE HAS DULY FILED THE DECLARATIONS IN FORM NO. 1 AND FORM NO. 2 AND THE DESIGNATED AUTHORITY H AS ISSUED THE ITA NO. 1798/KOL/2020 ASS ESSMENT YEAR: 2015-2016 JANH AVI GUPTA BENEFIT TRUST 2 CERTIFICATE IN FORM NO. 3 AS PER SECTION 5(1) OF TH E SCHEME ACCEPTING THE ASSESSEES DECLARATION UNDER THE SAME SCHEME. 3. KEEPING IN VIEW THESE FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING ESPECIALLY THE FACT THAT THE ASSESSEE HAS DULY COMP LIED WITH THE NECESSARY REQUIREMENTS UNDER VIVAD SE VISHWAS SCHEME, 2020, T HE PERMISSION AS SOUGHT BY SHRI RAJENDRA GUPTA, ONE OF THE TRUSTEES OF THE ASSESSEE-TRUST IS GRANTED AND THIS APPEAL OF THE ASSESSEE IS DISMI SSED AS WITHDRAWN. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON MAY 03, 2021. SD/- (P.M. JAGTAP) VICE-PRESIDE NT KOLKATA, THE 3 RD DAY OF MAY, 2021 COPIES TO : (1) JANHAVI GUPTA BENEFIT TRUST, C/O. SUBASH AGARWAL & ASSOCIATES, ADVOCATES, SIDDHA GIBSON, 1, GIBSON LANE, SUITE-213, 2 ND FLOOR, KOLKATA-700069 (2) INCOME TAX OFFICER, WARD-35(2), KOLKATA, AAYAKAR BHAWAN POORVA, 110, SHANTI PALLY, KOLKATA-700107 (3) COMMISSIONER OF INCOME TAX (APPEALS)-10, KOLKA TA; (4) COMMISSIONER OF INCOME TAX- , (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.