Deputy Commissioner of Income Tax, Circle-4, Guwahati V. Yeast Developers Private Limited, Guwahati

ITA 261/GTY/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3026 (ITAT-GUWAHATI)
• Duration Of Justice: 2 year(s) 4 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-10-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 14-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N T SHERPA
• Keywords: Competent authority

Judgement Text

1 ITA NO. 261/GAU/2019 YEAST DEVELOPERS PVT. LTD. ASSESSMENT YEAR: 2012-13 IN THE INCOME TAX APPELLATE TRIBUNAL GAUHATI BENC H: GUWAHATI HEARING AT KOLKATA [BEFORE SHRI P. M. JAGTAP, VICE-PRESIDENT (KZ) AND SHRI A. T. VARKEY, JM] I.T.A. NO. 261/GAU/2019 ASSESSMENT YEAR: 2012-13 DCIT, CIRCLE-4, GUWAHATI VS. YEAST DEVELOPERS PVT. LTD. (PAN: AAGCS 0362 Q) APPELLANT RESPONDENT DATE OF HEARING (VIRTUAL) 20.10.2021 DATE OF PRONOUNCEMENT 20.10.2021 FOR THE APPELLANT SHRI N. T. SHERPA, JCIT SR. D.R FOR THE RESPONDENT NONE ORDER PER SHRI P.M. JAGTAP, VICE-PRESIDENT: THIS IS AN APPEAL PREFERRED BY THE REVENUE AGAINST THE ORDER OF LD. CIT(A)-2, GUWAHATI DATED 23.02.2017 FOR ASSESSMENT YEAR 2013- 14. 2. THE ASSESSEE VIDE ITS LETTER SUBMITTED THAT I T HAS OPTED FOR THE SCHEME UNDER VIVAD SE VISHWAS ACT, 2020 (HEREINAFTER THE SCHEME). IT HAS BEEN BROUGHT TO OUR NOTICE THAT THE ASSESSEE HAS RECEIVED FORM NUMBER 3 FROM COMPETENT AUTHORITY PURSUANT TO THE ASSESSEE FILING FORM NOS. 1 AND 2 AS PER THE SCHEME. AND ALS O THE ASSESSEE HAS FILED FORM NO. 4 AND FILED ALONG WITH IT CHALLAN EVIDENCING DEPOSIT OF THE AMOUNT/TAX AS STATED IN FORM NO. 3. THEREFORE, WE NOTE THAT SINCE THE ASSESSEE HAS A LREADY DEPOSITED THE TAX AS SHOWN IN FORM NO. 3 AND HAS FILED FORM NO. 4 ALONG WITH CHA LLAN EVIDENCING PAYMENT OF TAX AS PER THE SCHEME, THERE IS NO POINT IN KEEPING THE DEPART MENTAL APPEAL PENDING. 3. THE LD. D.R HAS NO OBJECTION TO THE REVENUE APPE AL BEING WITHDRAWN. 4. IN THE LIGHT OF THE AFORESAID FACTS, WE TREAT T HE APPEAL OF DEPARTMENT AS WITHDRAWN AND ERGO THE APPEAL OF THE REVENUE STANDS DISMISSED . 2 ITA NO. 261/GAU/2019 YEAST DEVELOPERS PVT. LTD. ASSESSMENT YEAR: 2012-13 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DI SMISSED AS WITHDRAWN. ORDER IS PRONOUNCED IN THE OPEN COURT ON 20 TH OCTOBER, 2021. SD/- SD/- (A. T. VARKEY) (P. M. JAGTAP) JUDICIAL MEMBER VICE-PRESIDENT DATED: 20.10.2021 SB, SR. PS COPY OF THE ORDER FORWARDED TO: 1. APPELLANT-DCIT, CIRCLE-4, GUWAHATI 2. RESPONDENT YEAST DEVELOPERS PVT. LTD., 303, AMAZE SHOPPING MALL, OPPOSITE PANBAZAR FLYOVER, GUWAHATI-781001. 3. THE CIT(A)-GUWAHATI-2, GUWAHATI 4. CIT- , GUWAHATI 5. DR, GAUHATI BENCH, GAUHATI TRUE COPY BY ORDER SR. PRIVATE SECRETARY/DDO ITAT, KOLKATA BENCHES, KOLKATA