Kavita Shah Gupta, Kolkata V. I.T.O.,Ward-37(2), Kolkata

ITA 1899/KOL/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6593 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 5 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 13-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUPRIYO PAL CITSRDR
• Keywords: Capital asset converted into stock in trade

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC KOLKATA BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER . /ITA NO.1899/KOL/2019 ASSESSMENT YEAR:2010-11 SMT. KAVITA SHAH GUPTA C/O BAID & COMPANY, CHARTERED ACCOUNTANTS, 10/C, BALLYGUNGE CIRCULAR ROAD, KOLKATA-700019 [ PAN NO.AWYPS 4894A ] / V/S . INCOME TAX OFFICER, WARD-37(2), 3,GOVT. PLACE, 1 ST FLOOR KOLKATA-700 001 /APPELLANT .. /RESPONDENT HEARING THROUGH VIDEO CONFERENCING /BY APPELLANT NONE /BY RESPONDENT SHRI SUPRIYO PAL, ADDL. CIT-SR-DR /DATE OF HEARING 25-01-2021 /DATE OF PRONOUNCEMENT 25-01-2021 /O R D E R THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSESS EE AGAINST THE ORDER DATED 20.06.2019 OF THE COMMISSIONER OF INCOME-TAX (APPEA LS)-11, KOLKATA [HEREINAFTER REFERRED TO AS CIT(A)]. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE DESPITE ISSUANCE OF NOTICE, HENCE, I DISPOSE OF THIS CASE EX PARTE QUA THE ASSESSEE AFTER HEARING THE LD. DR. 3. THE ASSESSEE HAS SEPARATELY FILED APPLICATION FO R ADJOURNMENT OF THIS APPEAL AS SHE IS OPTING FOR AVAILING THE VIVIAD SE VISHWAS SCHEME 2020 . HOWEVER, IN MY ITA NO.1899/KOL/2019 A.Y. 2010 -12 KAVITA GUPTA VS. ITO, WD-37(2),KOL. PAGE 2 VIEW NO USEFUL PURPOSE WILL BE SEEMED ON FURTHER LI NGERING ON THE MATTER AS THE ASSESSEE HAS OPTED FOR VIVIAD SE VISHWAS SCHEME 20 20. IN MY VIEW, THE ASSESSEE CAN BE GIVEN PROTECTION TO THE EFFECT THAT IF HER A PPLICATION UNDER THE SCHEME IS REJECTED BY THE AUTHORITIES, THIS PRESENT APPEAL MA Y BE RESTORED. THE LD. DR HAS NO OBJECTION TO THIS CONDITIONAL WITHDRAWAL. 4. AFTER HEARING THE LD. DR, I DISMISS THIS APPEAL WITH THE CONDITION THAT THE PRESENT APPEAL SHALL BE RESTORED IN CASE THE AUTHOR ITIES DO NOT APPROVE THE APPLICATION FILED BY THE ASSESSEE FOR RESOLUTION OF THE DISPUTE UNDER VIVIAD SE VISHWAS SCHEME 2020 . IN VIEW OF THE ABOVE, THE APPEAL OF THE ASSESSEE IS HEREBY DISMISSED BEING NOT PRESSED. ORDER PRONOUNCED IN OPEN COURT AT THE CLOSE OF THE HEARING ON MONDAY, 25 TH JANUARY, 2021 . SD/- (SANJAY. GARG) JUDICIAL MEMBE R KOLKATA, *DKP/SR.PS ' - 25/01/2021 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-KAVITA GUPTA, C/O BAID & CO., CHARTERED ACCOUNTANTS 10/C, BALLYGUN GE CIRCULAR ROAD, KOLKATA-19 2. /RESPONDENT-ITO WD-45(2), 3, GOVT. PLACE, 1 ST FL.KOLKATA-700 001 3. % ' / CONCERNED CIT 4. ' - / CIT (A) 5. ( ++% , % / DR, ITAT, KOLKATA 6. - / GUARD FILE. BY ORDER/ , /TRUE COPY/ %,