M/s. Biswanath Industries Ltd., Kolkata V. DCIT, Circle - 5(2), Kolkata, Kolkata

ITA 2538/KOL/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9873 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 7 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 03-05-2021
• Assessment Year: 2012-2013
• Appeal Filed On: 04-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RANU BISWAS
• Assessee Lawyers: N O N E
• Section: 22

Judgement Text

ITA NO. 2538/KOL/2019 A.Y. 20 12-2013 M/S. BISHWANATH INDUSTRIES LIMITED 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA B BENCH, KOLKATA [VIRTUAL COURT HEARING] BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT & SHRI A.T. VARKEY, JUDICIAL MEMBER I.T.A. NO. 2538/KOL/2019 ASSESSMENT YEAR: 2012-2013 M/S. BISHWANATH INDUSTRIES LIMITED,................ ...............................APPELLANT 16, INDIA EXCHANGE PLACE, KOLKATA-700001 [PAN:AACCB1425H] -VS.- INCOME TAX OFFICER,.................. .....................RESPONDENT WARD-5(2), KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700069 APPEARANCES BY: N O N E, APPEARED ON BEHALF OF THE ASSESSEE SMT. RANU BISWAS, CIT , APPEARED ON BEHALF OF THE REVENUE DATE OF CONCLUDING THE HEARING : JULY 22, 2021 DATE OF PRONOUNCING THE ORDER : JULY 22, 2021 O R D E R PER SHRI A.T. VARKEY, JUDICIAL MEMBER :- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-7, KOLKATA DAT ED 10.10.2019 . 2. IN THIS CASE, AUTHORISED REPRESENTATIVE OF THE A SSESSEE-COMPANY HAS MOVED AN APPLICATION DATED 19.07.2021 SEEKING W ITHDRAWAL OF THIS APPEAL ON THE GROUND THAT THEY HAVE DECIDED TO SETT LE THE DISPUTE INVOLVED IN THE SAID APPEAL UNDER THE DIRECT TAX VI VAD SE VISHWAS ACT, 2020. THE ASSESSEE HAS DULY FILED THE DECLARATIONS IN FORM NO. 1 AND FORM NO. 2 AND THE DESIGNATED AUTHORITY HAS ISSUED THE CERTIFICATE IN FORM NO. 3 AS PER SECTION 5(1) OF THE SCHEME ACCEPT ING THE ASSESSEES ITA NO. 2538/KOL/2019 A.Y. 20 12-2013 M/S. BISHWANATH INDUSTRIES LIMITED 2 DECLARATION UNDER THE SAME SCHEME. PAYMENT OF TAX W AS SUPPORTED BY DOCUMENTARY EVIDENCE ON RECORD. 3. KEEPING IN VIEW THESE FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING ESPECIALLY THE FACT THAT THE ASSESSEE HAS DULY COMP LIED WITH THE NECESSARY REQUIREMENTS UNDER VIVAD SE VISHWAS SCHEME, 2020, T HE PERMISSION AS SOUGHT BY THE AUTHORIZED REPRESENTATIVE OF THE ASSE SSEE-COMPANY IS GRANTED AND THIS APPEAL OF THE ASSESSEE IS DISMISSE D AS WITHDRAWN. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON JULY 22, 2021 . SD/- SD/- (P.M. JAGTAP) (A.T. VARKEY) VICE-PRESIDENT JUDICIAL MEMBER KOLKATA, THE 22 ND DAY OF JULY, 2021 COPIES TO : (1) M/S. BISHWANATH INDUSTRIES LIMITED, 16, INDIA EXCHANGE PLACE, KOLKATA-700001 (2) INCOME TAX OFFICER, WARD-5(2), KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700069 (3) COMMISSIONER OF INCOME TAX (APPEALS)-7, KOLKA TA, (4) COMMISSIONER OF INCOME TAX , (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER SENIOR PRIVATE SE CRETARY/DDO, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.