Victoria Corporation (India), Kolkata V. I.T.O.,Ward-36(4), Kolkata

ITA 274/KOL/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5658 (ITAT-KOLKATA)
• Duration Of Justice: 11 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 04-02-2021
• Assessment Year: 2015-2016
• Appeal Filed On: 03-03-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: JAYANTA KHANRA
• Keywords: Competent authority

Judgement Text

1 ITA NO.274/KOL/2020 VICTORIA CORPORATION (INDIA), AY 2015-16 IN THE INCOME TAX APPELLATE TRIBUNAL C(SMC) BENCH, KOLKATA ( . . , ) [BEFORE SHRI A. T. VARKEY, JM] I.T.A. NO. 274/KOL/2020 ASSESSMENT YEAR:2015-16 VICTORIA CORPORATION (INDIA) (PAN: AAEFV1583F) VS. INCOME-TAX OFFICER, WD-36(4), KOLKATA. APPELLANT RESPONDENT DATE OF VIRTUAL HEARING 04.02.2021 DATE OF PRONOUNCEMENT 04.02.2021 FOR THE APPELLANT SHRI CHIRAG DESAI, AR FOR THE RESPONDENT SHRI JAYANTA KHANRA, JCIT, SR. DR ORDER THIS IS AN APPEAL PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF THE LD.CIT(A)-10, KOLKATA DATED 31.12.2019 FOR AY 2015-16. 2. AT THE OUTSET, LD.AR FOR THE ASSESSEE SHRI CHIRAG DESAI SUBMITTED THAT THE ASSESSEE HAD 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. 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, I TREAT THIS SUBMISSION OF THE ASSESSEE INFORMING THE TRIBUNAL THE FACT THAT ASSESSEE HAS OPTED FOR THE SAID SCHEME, THEREFORE, I 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, I ALLOW THE ASSESSEE TO WITHDRAW THE CAPTIONED APPEAL. 2 ITA NO.274/KOL/2020 VICTORIA CORPORATION (INDIA), AY 2015-16 4. NEEDLESS TO SAY THAT MY 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/- (ABY. T. VARKEY) JUDICIAL MEMBER DATED : 4TH FEBRUARY, 2021 JD(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT M/S. VICTORIA CORPORATION (INDIA), 138, BIPLABI RASH BEHARI BASU, CANNING STREET, KOLKATA-700 001. 2 RESPONDENT ITO, WARD-36(4), KOLKATA. 3. 4. 5. CIT(A)-10, KOLKATA (SENT THROUGH E-MAL) CIT , KOLKATA DR, ITAT, KOLKATA. (SENT THROUGH E-MAL) / TRUE COPY, BY ORDER, ASSISTANT REGISTRAR