ACIT, Circle - 22, , Kolkata V. Shri Sujitendra Krishna Deb , Kolkata

ITA 2089/KOL/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1490 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 4 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 16-11-2020
• Assessment Year: 2009-2010
• Appeal Filed On: 04-10-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RANU BISWAS ACIT
• Assessee Lawyers: PULKIT CHATTERJEE
• Keywords: Competent authority

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH (C), KOLKATA [BEFORE SHRI P.M. JAGTAP, HONBLE VICE PRESIDENT (KZ) & SHRI A.T. VARKEY, HONBLE JUDICIAL MEMBER] [THROUGH VIRTUAL COURT] I.T.A. NO. 2089/KOL/2018 ASSESSMENT YEAR: 2009-10 ACIT, CIRCLE 22, KOLKATA...................................................................................................APPELLANT 54/1, RAFI AHMED KIDWAI ROAD, KOLKATA 700 016.] VS SHRI SUJITENDRA KRISHNA DEB....................RESPONDENT APPEARANCES BY: SHRI PULKIT CHATTERJEE, AR APPEARING ON BEHALF OF THE ASSESSEE. SMT. RANU BISWAS, ACIT, SR. DR APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : FEBRUARY 12, 2021 DATE OF PRONOUNCING THE ORDER : FEBRUARY 12, 2021 ORDER PER BENCH: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-6, KOLKATA DATED 17.07.2018 . 2. AT THE OUTSET, LD. AUTHORIZED REPRESENTATIVE OF THE ASSESSEE HAS SUBMITTED VIDE HIS LETTER DATED 05.02.2021 THAT THE ASSESSEE HAD FILED FORM 1 & 2 UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT IN RESPECT OF THIS APPEAL AND THE REVENUE HAS ISSUED FORM 3 AND THE COPY OF THE SAME IS AVAILABLE IN FILE, WHICH IS BEFORE US. THEREFORE, TAKING INTO CONSIDERATION THE FACT THAT SINCE THE ASSESSEE HAS OPTED FOR THE SCHEME FOR THE AY 2009-10, THERE IS NO POINT IN KEEPING THE IMPUGNED APPEAL PENDING. 3. IN THE LIGHT OF THE AFORESAID DISCUSSION, WE TREAT THIS SUBMISSION OF THE A/R OF THE ASSESSEE INFORMING THE TRIBUNAL THE 2 I.T.A. NO. 2089/KOL/2018 ASSESSMENT YEAR: 2009-10 SHRI SUJITENDRA KRISHNA DEV FACT THAT ASSESSEE HAS DECIDED TO OPT FOR THE SAID SCHEME, THEREFORE, WE DISMISS THE APPEAL OF THE REVENUE. IN CASE, IF THE COMPETENT AUTHORITY AS PER THE SCHEME DOES NOT ACCEPT THE ASSESSEES PROPOSAL TO OPT FOR THE VIVAD SE VISHWAS SCHEME, 2020, THEN THE REVENUE IS AT LIBERTY TO MOVE AN APPLICATION FOR RECALLING THIS ORDER. WITH THE AFORESAID CAVEAT, WE ALLOW THE REVENUE TO WITHDRAW THE CAPTIONED APPEAL. 4. NEEDLESS TO SAY THAT OUR AFORESAID ACTION ALLOWING THE REVENUE 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. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH FEBRUARY, 2021. SD/- SD/- (A.T. VARKEY) (P.M. JAGTAP) (JUDICIAL MEMBER) VICE PRESIDENT DATED: 12/02/2021 BISWAJIT, SR. PS COPY OF ORDER FORWARDED TO: 1. ACIT, CIRCLE 22, KOLKATA. 2. SHRI SUJITENDRA KRISHNA DEB, 2 ND FLOOR, 43B, JATINDRA MOHAN AVENUE, KOLKATA 700 005. 3. THE CIT(A) 4. THE CIT 5. DR TRUE COPY, BY ORDER, ASSISTANT REGISTRAR ITAT, KOLKATA