M/s East India Business Centre Private Limited, Kolkata V. Deputy Commissioner of Income Tax - Circle 7(1), Kolkata

ITA 1953/KOL/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4443 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 1 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 19-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: JAYANTA KHANGRA
• Keywords: Competent authority

Judgement Text

1 M/S EAST INDIA BUSINESS CENTRE PVT. LTD. I.T.A. NO.1953/KOL/2019ASSESSMENT YEAR: 2008-09 , C , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOLKATA [BEFORE SHRI P. M .JAGTAP, VICE-PRESIDENT (KZ) AND SHRI A. T. VARKEY, JM] I.T.A. NO.1953/KOL/2019 ASSESSMENT YEAR: 2008-09 M/S EAST INDIA BUSINESS CENTRE PRIVATE LIMITED (PAN: AABCE 7659 R) VS. DCIT, CIRCLE-7(1), KOLKATA APPELLANT RESPONDENT DATE OF HEARING (VIRTUAL) 24.09.2021 DATE OF PRONOUNCEMENT 24.09.2021 FOR THE APPELLANT NONE FOR THE RESPONDENT SHRI JAYANTA KHANGRA, JCIT, SR. D.R ORDER PER SHRI P. M. JAGTAP, VICE-PRESIDENT: THIS APPEAL HAS BEEN PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF THE LD.CIT(A)-3, KOLKATA DATED 23.04.2019. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. AT THE OUTSET, IT IS NOTICED FROM THE LETTER OF THE ASSESSEE DATED 07.09.2021 THAT THE ASSESSEE HAS OPTED FOR DIRECT TAX VIVAD SE VISHWAS SCHEME, 2020 (HEREINAFTER, THE SCHEME) AND HAS FILED FORM-1, FORM-2 BEFORE THE COMPETENT AUTHORITY AND PURSUANT TO WHICH THE ASSESSEE HAS RECEIVED FORM NO.3 FROM THE COMPETENT AUTHORITY. THEREFORE, TAKING INTO CONSIDERATION THE FACT THAT SINCE THE ASSESSEE HAS OPTED FOR THE SCHEME AND IS IN RECEIPT OF FORM NO. 3, THERE IS NO POINT IN KEEPING THE IMPUGNED APPEAL PENDING. 3. IN THE LIGHT OF THE AFORESAID DISCUSSION, WE TREAT THIS SUBMISSION OF THE ASSESSEE INFORMING THE TRIBUNAL THE FACT THAT ASSESSEE HAS OPTED FOR THE SAID SCHEME AND IS IN RECEIPT OF FORM NO.3, THEREFORE, WE ALLOW THE ASSESSEE TO WITHDRAW THE CAPTIONED 2 M/S EAST INDIA BUSINESS CENTRE PVT. LTD. I.T.A. NO.1953/KOL/2019ASSESSMENT YEAR: 2008-09 APPEAL WITH A CAVEAT THAT IN CASE, IF THE COMPETENT AUTHORITY UNDER THE SCHEME, DOES NOT ACCEPT THE PROPOSAL OF ASSESSEE TO OPT FOR THE SCHEME, THEN THE ASSESSEE IS AT LIBERTY TO MOVE AN APPLICATION FOR RECALLING THIS ORDER. WITH THE AFORESAID CAVEAT, WE ALLOW THE ASSESSEE TO WITHDRAW THE CAPTIONED APPEAL. 4. NEEDLESS TO SAY THAT THE AFORESAID ACTION ALLOWING THE ASSESSEE TO WITHDRAW THE APPEAL, WILL NOT COME IN THE WAY OF THE COMPETENT AUTHORITY OF REVENUE TO ACCEPT THE ASSESSEES SAID OPTION/SCHEME FOR AVAILING VIVAD SE VISHWAS SCHEME, 2020 PROVIDED THE ASSESSEE REMITS THE TAX DUE AS PER FORM NO. 3 OF THE SCHEME. 5. IN THE RESULT, THE APPEAL OF ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER IS PRONOUNCED IN THE OPEN COURT ON 24 TH SEPTEMBER, 2021 SD/- SD/- (A. T. VARKEY) (P. M. JAGTAP) JUDICIAL MEMBER VICE-PRESIDENT DATED: 24.09.2021 RS COPY OF THE ORDER FORWARDED TO: 1. APPELLANT- M/S EAST INDIA BUSINESS CENTRE PVT. LTD., 1 ST FLOOR, THE LEGACY, 25A, SHAKESPEARE SARANI, KOLKATA-700017. 2. RESPONDENT DCIT, CIRCLE-7(1), KOLKATA 3. THE CIT(A)-20, KOLKATA 4. CIT- , KOLKATA 5. DR, KOLKATA BENCHES, KOLKATA (SENT THROUGH E-MAIL) TRUE COPY BY ORDER SENIOR PRIVATE SECRETARY/DDO ITAT, KOLKATA BENCHES, KOLKATA