ACIT, Circle - 34, Kolkata, Kolkata V. M/s. Eastern Distributors, Kolkata

ITA 2194/KOL/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6446 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 6 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2016-2017
• Appeal Filed On: 23-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA C BENCH, KOLKATA (VIRTUAL COURT) (BEFORE SRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER & SRI ABY T. VARKEY, JUDICIAL MEMBER) I.T.A. NO. 2194/KOL/2019 ASSESSMENT YEAR: 2016-17 ACIT, CIRCLE-34, KOLKATA..............................................................................................APPELLANT VS. M/S. EASTERN DISTRIBUTORS.............................................................................................RESPONDENT [PAN: AADFE 5901 B] APPEARANCES BY: SH. JAYANTA KHANRA, JCIT, APPEARED ON BEHALF OF THE REVENUE. NONE APPEARED ON BEHALF OF THE ASSESSEE. DATE OF CONCLUDING THE HEARING : APRIL 16 TH , 2021 DATE OF PRONOUNCING THE ORDER : APRIL 16 TH , 2021 ORDER PER BENCH : THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-10, KOLKATA [HEREINAFTER THE CIT(A)], PASSED U/S. 250 OF THE INCOME TAX ACT, 1961 (THE ACT), FOR THE ASSESSMENT YEAR 2016-17. 2. THE ASSESSEE VIDE ITS LETTER DATED 07.04.2021 SUBMITTED THAT IT HAS AVAILED THE SCHEME UNDER VIVAD SE VISHWAS ACT, 2020. THE ASSESSEE STATES THAT IT HAS BEEN GRANTED CERTIFICATE BY THE DESIGNATED AUTHORITY IN FORM NO.-3 UNDER THE PROVISIONS OF VIVAD SE VISHWAS ACT, 2020. IT FURTHER SUBMITS THAT U/S 4(2) OF THE VIVAD SE VISHWAS ACT, 2020, THE REVENUE APPEAL SHOULD BE DEEMED TO HAVE BEEN WITHDRAWN. THUS THE ASSESSEE REQUESTS THAT THE REVENUE APPEAL BE DISMISSED AS WITHDRAWN. 3. THE LD. D/R HAS NO OBJECTION TO THE REVENUE APPEAL BEING DISMISSED AS WITHDRAWN. 2 I.T.A. NO. 2194/KOL/2019 ASSESSMENT YEAR: 2016-17 M/S. EASTERN DISTRIBUTORS. 4. IN VIEW OF THE SUBMISSIONS OF BOTH THE PARTIES, THE REVENUE APPEAL IS DISMISSED AS DEEMED TO HAVE BEEN WITHDRAWN. KOLKATA, THE 16 TH APRIL, 2021. SD/- SD/- [ABY T. VARKEY] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 16.04.2021 BIDHAN (P.S.) COPY OF THE ORDER FORWARDED TO: 1. ACIT, CIRCLE-34, KOLKATA. 2. M/S. EASTERN DISTRIBUTORS, GROUND FLOOR, 3, MANGOE LANE, KOLKATA-700 001. 3. CIT(A)-10, KOLKATA. (SENT THROUGH MAIL) 4. CIT- 5. CIT(DR), KOLKATA BENCHES, KOLKATA. (SENT THROUGH MAIL) TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES