Shivkhori Mercantile Pvt. Ltd., Gujrat V. P.C.I.T.-4, Kolkata

ITA 2032/KOL/2019

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 5803 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 3 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-12-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 29-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GAUTAM PATRA
• Keywords: Competent authority

Judgement Text

आयकर अपील य अधीकरण, यायपीठ – “C” कोलकाता, IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH: KOLKATA [Before Shri A. T. Varkey, JM & Shri Rajesh Kumar, AM] I.T.A. No. 2032/Kol/2019 Assessment Year: 2012-13 Shivkhori Mercantile Pvt. Ltd. Shop No.B-14, Dhruve Shopping Sweet Home Park Complex, Nr. Meghna Park, Citylight, Surat, Gujrat-395 007. Vs. Pr. CIT-4 Kolkata. (PAN: AAQCS 2126 Q) Appellant Respondent For the Appellant None For the Respondent Shri Gautam Patra, Addl. CIT Date of Hearing 02.12.2021 Date of Pronouncement 22.12.2021 ORDER Per Shri A.T. Varkey, Judicial Member: This is an appeal preferred by the assessee against the order of Learned Pr. Commissioner of Income-tax-4, Kolkata [hereinafter referred to Ld. ‘Pr. CIT’] dated 15.03.2019 for the Assessment Year (in short “AY”) 2012-13. 2. None appeared for the appellant. At the outset, it is noticed from the letter of the assessee dated NIL that the assessee had opted for Direct Tax Vivad Se Vishwas Scheme, 2020 (hereinafter, the ‘Scheme’) and had filed Form-1, Form-2 before the Competent Authority and pursuant to which the assessee had 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 and the letter of the assessee, we note the fact that the assessee has opted for the said Scheme and is in receipt of Form no. 3, 2 I.T.A. No. 2032/Kol/2019 Assessment Year: 2012-13 Shivkhori Mercantile Pvt. Ltd. therefore, we allow the assessee to withdraw the captioned appeal. If in any case, the assessee is not able to complete the process envisaged in 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 assessee’s 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 the assessee is dismissed as withdrawn. Order is pronounced in the open court on 22 nd December, 2021. Sd/- Sd/- (Rajesh Kumar) (A.T. Varkey) Accountant Member Judicial Member Dated: 22 nd December, 2021 Bidhan (P.S.) Copy of the order forwarded to: 1 Appellant – Shivkhori Mercantile Pvt. Ltd., Shop No.B-14, Dhruve Shopping Sweet Home Park Complex, Nr. Meghna Park, Citylight, Surat, Gujrat-395 007. 2 Respondent – Pr. CIT-4 Kolkata. 3 CIT(A) – 4 CIT – 5 DR, Kolkata Benches, Kolkata. (sent through e-mail) True Copy, By order Senior Pvt. Secy./DDO/H.O.O. ITAT, Kolkata Benches, Kolkata