M/s Savar Somani Minor Beneficiary Trust, Kolkata V. I.T.O.,Ward-36(3), Kolkata

ITA 2039/KOL/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5852 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 4 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 30-12-2020
• Assessment Year: 2015-2016
• Appeal Filed On: 30-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Competent authority
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC (VIRTUAL COURT HEARING), BENCH KOLKATA BEFORE SRI SANJAY GARG, JUDICIAL MEMBER I.T.A. NO.180/KOL/2020 ASSESSMENT YEAR: 2010-11 RAMNIKLAL KANTILAL AVALANI........APPELLANT GROUND FLOOR, 23, STRAND ROAD, KOLKATA -1. [PAN :AAHHR0652J] ITO, WARD-36(1), KOLKATA.....RESPONDENT I.T.A. NO.2038&2039/KOL/2019 ASSESSMENT YEAR: 2015-16 M/S SAVAR SOMANI MINOR BENEFICIARY TRUST........APPELLANT 143/1/1, COTTON STREET, BURRABAZAR, KOLKATA -700007. [PAN : AAMTS1170P] ITO, WARD-36(3), KOLKATA.....RESPONDENT APPEARANCES BY: NONE SHRI DHRUBAJYOTI ROY, JCIT, DR, APPEARED ON BEHALF OF THE RESPONDENT. DATE OF CONCLUDING THE HEARING : JANUARY 15, 2021 DATE OF PRONOUNCING THE ORDER : JANUARY 15, 2021 ORDER ALL THESE APPEALS FILED BY THE ASSESSEES ARE DIRECTED AGAINST THE SEPARATE ORDERS OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) (HEREINAFTER THE LD. CIT(A)) PASSED U/S 250 OF THE INCOME TAX ACT, 1961 (THE ACT). 2. NONE APPEARED ON BEHALF OF THE ASSESSEES. AT THE OUTSET, IT IS NOTICED THAT AN APPLICATIONS FOR WITHDRAWAL OF APPEALS HAVE BEEN PLACED IN FILE WHEREIN THE ASSESSEES HAVE STATED THAT THE ASSESSEES HAD OPTED FOR VIVAD SE VISHWAS SCHEME, 2020. THEREFORE, TAKING INTO CONSIDERATION THE FACT THAT SINCE THE ASSESSEES HAVE OPTED FOR THE VIVAD SE VISHWAS SCHEME, THERE IS NO POINT IN KEEPING THE IMPUGNED APPEALS PENDING. IN CASE, IF THE COMPETENT AUTHORITY DOES NOT ACCEPT THE ASSESSEES PROPOSAL TO 2 I.T.A. NO.180/KOL/2020 & I.T.A. NO.2038&2039/KOL/2019 RAMNIKLAL KANTILAL AVALANI, M/S SAVAR SOMANI MINOR BENEFICIARY TRUST OPT FOR THE VIVAD SE VISHWAS SCHEME, 2020, THEN THE ASSESSEES WILL BE AT LIBERTY TO MOVE AN APPLICATION FOR RECALLING THIS ORDER. UNDER THE CIRCUMSTANCES, I ALLOW THE ASSESSEES TO WITHDRAW THE APPEALS. 5. IN THE RESULT, THE APPEALS OF ASSESSEES ARE DISMISSED AS WITHDRAWN. KOLKATA, THE 15 TH JANUARY, 2021. SD/- [ SANJAY GARG ] JUDICIAL MEMBER DATED : 15.01.2021 RS COPY OF THE ORDER FORWARDED TO: 1 . (I) RAMNIKLAL KANTILAL AVALANI (II) M/S SAVAR SOMANI MINOR BENEFICIARY TRUST 2. (I) ITO, WARD-36(1), KOLKATA (II) ITO, WARD-36(3), KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), TRUE COPY BY ORDER ASSISTANT REGISTRAR , KOLKATA BENCHES