ACIT, CC- 3(2), Kolkata, Kolkata V. Ritum Jain , Kolkata

ITA 2107/KOL/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4132 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 1 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-10-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2015-2016
• Appeal Filed On: 11-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Competent authority

Judgement Text

ITA NO. 2107/KOL/2019 ASS ESSMENT YEAR: 2015-2016 & CO NO. 17/K OL/2020 (IN ITA NO.2107/KOL/2019) RIT UM JAIN 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A BENCH, KOLKATA [VIRTUAL COURT HEARING] BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT & SHRI A.T. VARKEY, JUDICIAL MEMBER I.T.A. NO. 2107/KOL/2019 ASSESSMENT YEAR: 2015-2016 ASSISTANT COMMISSIONER OF INCOME TAX,.............. .........................APPELLANT CENTRAL CIRCLE-3(2), KOLKATA, AAYAKAR BHAWAN POORVA, 110, SHANTI PALLY, 5 TH FLOOR, KOLKATA-700107 -VS.- RITUM JAIN,........................................ .............................................RESPON DENT METRO TOWERS, 1, HO-CHI-MINH SARANI, KOLKATA-700071 [PAN:ACTPJ4441K] & C.O. NO. 17/KOL/2020 (IN ITA NO. 2107/KOL/2019) ASSESSMENT YEAR: 2015-2016 RITUM JAIN,........................................ ...........................................CROSS OB JECTOR METRO TOWERS, 1, HO-CHI-MINH SARANI, KOLKATA-700071 [PAN:ACTPJ4441K] -VS.- ASSISTANT COMMISSIONER OF INCOME TAX,.............. ........................RESPONDENT CENTRAL CIRCLE-3(2), KOLKATA, AAYAKAR BHAWAN POORVA, 110, SHANTI PALLY, 5 TH FLOOR, KOLKATA-700107 APPEARANCES BY: SHRI RAM BILASH MEENA, CIT (D.R.) , APPEARED ON BEHALF OF THE REVENUE SMT. SHIKHA AGARWAL, A.R., APPEARED ON BEHALF OF TH E ASSESSEE DATE OF CONCLUDING THE HEARING : OCTOBER 19, 2020 DATE OF PRONOUNCING THE ORDER : OCTOBER 19, 2020 ITA NO. 2107/KOL/2019 ASS ESSMENT YEAR: 2015-2016 & CO NO. 17/K OL/2020 (IN ITA NO.2107/KOL/2019) RIT UM JAIN 2 O R D E R PER SHRI P.M. JAGTAP, VICE-PRESIDENT :- THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST TH E ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-21, KOLKATA DA TED 23.07.2019 AND THE SAME IS BEING DISPOSED OF ALONG WITH THE CROSS OBJECTION FILED BY THE ASSESSEE BEING C.O. NO. 17/KOL/2020 . 2. AT THE TIME OF HEARING FIXED IN THIS CASE, A LET TER DATED 17.10.2020 IS FILED BY THE LD. AUTHORIZED REPRESENTATIVE OF THE A SSESSEE INTIMATING THAT THE ASSESSEE HAS DECIDED TO RESOLVE A CONTROVERSY I NVOLVED IN THIS APPEAL OF THE REVENUE UNDER THE DIRECT TAX INVOLVED VIVAD SE VISHWAS SCHEME, 2020. AS STATED IN THE SAID LETTER, THE ASSESSEE HA S ALREADY FILED THE REVISED DECLARATION IN FORM NOS. 1 AND 2 BUT THE CE RTIFICATE IN FORM NO. 3 DETERMINING THE TAX PAYABLE BY THE ASSESSEE IS NOT YET ISSUED BY THE COMPETENT AUTHORITY. KEEPING IN VIEW THIS INFORMATI ON GIVEN BY THE ASSESSEE, WE TREAT THIS APPEAL OF THE REVENUE AS WI THDRAWN AND DISMISS THE SAME WITH THE RIDER THAT IF THE COMPETENT AUTHO RITY AS PER THE SCHEME DOES NOT ACCEPT THE ASSESSEES PROPOSAL TO OPT FOR THE VIVAD SE VISWAS SCHEME, 2020 OR THE ASSESSEE BY WHATEVER REASON IS UNABLE TO SETTLE THE DISPUTE UNDER THE SAID SCHEME OF VIVAD SE VISHWAS, 2020, THEN THE REVENUE IS AT LIBERTY TO MOVE AN APPLICATION BEFORE THIS TRIBUNAL FOR RECALLING OF THIS ORDER AND RESTORING ITS APPEAL. T HE ASSESSEE IS ALSO DIRECTED TO INFORM THE COMPETENT AUTHORITY OF THE I NCOME TAX DEPARTMENT AS WELL AS THIS TRIBUNAL IF HE FAILS TO SETTLE THE DISPUTE UNDER THE VIVAD SE VISHWAS SCHEME, 2020 FOR ANY REASON. W ITH THE AFORESAID CAVEAT, WE TREAT THIS APPEAL OF THE REVENUE AS WITH DRAWN AND DISMISS THE SAME. ITA NO. 2107/KOL/2019 ASS ESSMENT YEAR: 2015-2016 & CO NO. 17/K OL/2020 (IN ITA NO.2107/KOL/2019) RIT UM JAIN 3 3. AS REGARDS THE CROSS OBJECTION OF THE ASSESSEE, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE ASSESSEE IS NOT INTERESTED T O PRESS THE SAME. THE CROSS OBJECTION OF THE ASSESSEE IS ACCORDINGLY DISMISSED AS NOT PRE SSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE AS WELL AS THE CROSS OBJECTION OF THE ASSESSEE BOTH ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON OCTOBER 19, 2 020. SD/- SD/- (A.T. VARKEY) (P.M. JAGTAP) JUDICIAL MEMBER VICE-PRESIDENT) KOLKATA, THE 19 TH DAY OF OCTOBER, 2020 COPIES TO : (1) ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(2), KOLKATA, AAYAKAR BHAWAN POORVA, 110, SHANTI PALLY, 5 TH FLOOR, KOLKATA-700107 (2) RITUM JAIN, METRO TOWERS, 1, HO-CHI-MINH SARANI, KOLKATA-700071 (3) COMMISSIONER OF INCOME TAX (APPEALS)-21. KOLKAT A; (4) COMMISSIONER OF INCOME TAX- , (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.