Deepa Nangia Nayar, Kolkata V. A.C.I.T., Circle-61, Kolkata

ITA 229/KOL/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7104 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 6 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2015-2016
• Appeal Filed On: 08-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: JAYANTA KHANRA
• Keywords: Competent authority

Judgement Text

1 ITA NO. 229/KOL/2019, DEEPA NANGIA NAYAR, AY 2015-16 , C , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOLKATA [BEFORE SHRI P. M. JAGTAP, VICE PRESIDENT & SHRI A. T. VARKEY, JUDICIAL MEMBER ] I.T.A. NO. 229/KOL/2019 ASSESSMENT YEAR: 2015-16 DEEPA NANGIA NAYAR (PAN: AEEPN8025J) VS . ASSISTANT COMMISSIONER OF INCOME- TAX, CIRCLE-61, KOLKATA. APPELLANT RESPONDENT DATE OF HEARING (VIRTUAL) 27.08.2021 DATE OF PRONOUNCEMENT 27.08.2021 FOR THE APPELLANT SHRI CHIRAG DESAI, CA FOR THE RESPONDENT SHRI JAYANTA KHANRA, JCIT, SR. DR ORDER PER SHRI A. T. VARKEY, JM: THIS IS AN APPEAL PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A)-19, KOLKATA DATED 15.11.2018 FOR AY 2015-16 . 2. AT THE TIME OF HEARING THE LD. COUNSEL FOR THE ASSESSEE SHRI CHIRAG DESAI, CA HAS SUBMITTED THAT THE ASSESSEE HAS OPTED FOR DIRECT TAX VIVAD SE VISHWAS SCHEME, 2020 (HEREINAFTER, THE SCHEME) AND HAD FILED FORM-1 & FORM-2 BEFORE THE COMPETENT AUTHORITY AND IS AWAITING THE ISSUE OF FORM NO. 3 FROM THE COMPETENT AUTHORITY. IN THIS RESPECT AN APPLICATION FOR WITHDRAWAL OF APPEAL DATED 11.08.2021 ON BEHALF OF THE ASSESSEE IS PLACED IN FILE. THEREFORE, TAKING INTO CONSIDERATION THE FACT THAT SINCE THE ASSESSEE HAS OPTED FOR THE SCHEME FOR THE AY 2015-16, THERE IS NO POINT IN KEEPING THE IMPUGNED APPEAL PENDING. 3. IN THE LIGHT OF THE AFORESAID DISCUSSION, WE TREAT THIS SUBMISSION OF THE ASSESSEE INFORMING THE TRIBUNAL THE FACT THAT ASSESSEE HAS OPTED FOR THE SAID SCHEME, THEREFORE, WE ALLOW THE ASSESSEE TO WITHDRAW THE IMPUGNED APPEAL. 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 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. 2 ITA NO. 229/KOL/2019, DEEPA NANGIA NAYAR, AY 2015-16 4. NEEDLESS TO SAY THAT OUR AFORESAID ACTION ALLOWING THE ASSESSEE TO WITHDRAW THE APPEAL, WILL NOT COME IN THE WAY OF THE COMPETENT AUTHORITY OF REVENUE TO ACCEPT THE ASSSSEES SAID OPTION/SCHEME FOR AVAILING VIVAD SE VISHWAS SCHEME, 2020. 5. IN THE RESULT, THE APPEAL OF ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (P. M. JAGTAP) (A. T. VARKEY) VICE PRESIDENT JUDICIAL MEMBER DATED: 27TH AUGUST, 2021 JD, SR. PS COPY OF THE ORDER FORWARDED TO: 1. APPELLANT- MS. DEEPA NANGIA NAYAR, 9B, PANCHSHEEL APARTMENT, 41/1B, JHOWTALA ROAD, BECK BAGAN, KOLKATA-700 019. 2. RESPONDENT ACIT, CIRCLE-61, KOLKATA. 3. CIT(A)-19, KOLKATA (SENT THROUGH E-MAIL) 4. CIT, KOLKATA. 5. DR, KOLKATA BENCHES, KOLKATA (SENT THROUGH E-MAIL) TRUE COPY BY ORDER SENIOR PRIVATE SECRETARY/DDO ITAT, KOLKATA BENCHES, KOLKATA