Kitply Industries Ltd, Kolkata V. Deputy Commissioner of Income Tax, Circle-Tinsukia, Tinsukia

ITA 191/GTY/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5769 (ITAT-GUWAHATI)
• Duration Of Justice: 1 year(s) 11 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 07-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: N O N E

Judgement Text

I.T.A. NO. 191/GAU/2019 A.Y. 2011-2012 KITPLY INDUSTRIES LIMITE D 1 IN THE INCOME TAX APPELLATE TRIBUNAL, GUWAHATI BENCH : GUWAHATI [VIRTUAL COURT HEARING] BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT (KZ) AND SHRI A.T. VARKEY, JUDICIAL MEMBER I.T.A. NO. 191/GAU/2019 ASSESSMENT YEAR: 2011-2012 KITPLY INDUSTRIES LIMITED,......................... ................................APPELLANT WHITE HOUSE, 4 TH FLOOR, A BLOCK, 119, PARK STREET, KOLKATA-700016 [PAN: AAACK8228P] -VS.- ASSISTANT COMMISSIONER OF INCOME TAX,.............. .................RESPONDENT CIRCLE-TINSUKIA, AAYAKAR BHAWAN, BORDOLOI NAGAR, TINSUKIA-786125, ASSAM APPEARANCES BY: N O N E, FOR THE APPELLANT SHRI SUBHRAJYOTI BHATTACHARYYA, ADDITIONAL CIT, FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : APRIL 23, 2021 DATE OF PRONOUNCING THE ORDER : APRIL 23, 2021 O R D E R PER SHRI P.M. JAGTAP, VICE-PRESIDENT (KZ):- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER LD. COMMISSIONER OF INCOME TAX (APPEALS), DIBRUGARH DAT ED 13.03.2019. 2. IN THIS CASE, THE DIRECTOR OF THE ASSESSEE-COMPA NY HAS MOVED AN APPLICATION DATED 23.03.2021 SEEKING WITHDRAWAL OF THIS APPEAL ON THE GROUND THAT HE HAS DECIDED TO SETTLE THE DISPUTE IN VOLVED IN THE SAID APPEAL UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2 020. THE ASSESSEE HAS DULY FILED THE DECLARATIONS IN FORM NO. 1 AND F ORM NO. 2 AND THE DESIGNATED AUTHORITY HAS ISSUED THE CERTIFICATE IN FORM NO. 3 AS PER I.T.A. NO. 191/GAU/2019 A.Y. 2011-2012 KITPLY INDUSTRIES LIMITE D 2 SECTION 5(1) OF THE 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AS SOUGHT BY THE DIRECTOR OF THE ASSESSEE-COMPANY IS G RANTED AND THIS APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON APRIL 23, 202 1. SD/- SD/- (A.T. VARKEY) (P.M. JAGTAP) JUDICIAL MEMBER VICE -PRESIDENT (KZ) KOLKATA, THE 23 RD DAY OF APRIL, 2021 COPIES TO : (1) KITPLY INDUSTRIES LIMITED, WHITE HOUSE, 4 TH FLOOR, A BLOCK, 119, PARK STREET, KOLKATA-700016 (2) ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-TINSUKIA, AAYAKAR BHAWAN, BORDOLOI NAGAR, TINSUKIA-786125, ASSAM (3) COMMISSIONER OF INCOME TAX (APPEALS), DIBRUGA RH, (4) COMMISSIONER OF INCOME TAX- , (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER SR. P.S. DDO, ITAT, GUWAHATI, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.