Kamala Fincon (P) Ltd., Kolkata V. DCIT,Cir.-10(1), Kolkata

ITA 404/KOL/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4340 (ITAT-KOLKATA)
• Duration Of Justice: 6 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 04-08-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RANU BISWAS ACIT

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH (B), KOLKATA [BEFORE SHRI P.M. JAGTAP, HONBLE VICE PRESIDENT (KZ) & SHRI A.T. VARKEY, HONBLE JUDICIAL MEMBER] [THROUGH VIRTUAL COURT] I.T.A. NOS. 403 & 404/KOL/2020 ASSESSMENT YEAR: 2010-11 & 2011-12 KAMALA FINCON PVT. LTD.......................................................................................................APPELLANT MERLIN JASMINE, 33/A, CHANDRANATH CHATTERJEE STREET, JAGGU BAZAR, KOLKATA 700 025. [PAN: AABCK 0832 C] VS DCIT, CIRCLE 10(1), KOLKATA.......................................RESPONDENT APPEARANCES BY: NONE APPEARING ON BEHALF OF THE ASSESSEE. SMT. RANU BISWAS, ACIT, SR. DR APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : FEBRUARY 12, 2021 DATE OF PRONOUNCING THE ORDER : FEBRUARY 12, 2021 ORDER PER BENCH: THESE TWO APPEALS FILED BY THE ASSESSEE ARE DIRECTED AGAINST TWO SEPARATE ORDERS OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-4, KOLKATA DATED 03.12.2019 & 04.12.2019 RESPECTIVELY. 2. IN THIS CASE, THE DIRECTOR OF THE ASSESSEE HAS MOVED AN APPLICATION DATED 04.02.2021 SEEKING WITHDRAWAL OF THIS APPEAL ON THE GROUND THAT HE HAS DECIDED TO SETTLE THE DISPUTE INVOLVED IN THE SAID APPEAL UNDER THE DIRECT TAX VIVAD 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. 2 I.T.A. NOS. 403 & 404/KOL/2020 ASSESSMENT YEAR: 2010-11 & 2011-12 AUTOMOBILE ASSOCIATION OF EASTERN INDIA 3 AS PER SECTION 5(1) OF THE SCHEME ACCEPTING THE ASSESSEES DECLARATION UNDER THE SAME SCHEME. 3. KEEPING IN VIEW THESE FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING ESPECIALLY THE FACT THAT THE ASSESSEE HAS DULY COMPLIED WITH THE NECESSARY REQUIREMENTS UNDER VIVAD SE VISHWAS SCHEME, 2020, THE PERMISSION AS SOUGHT BY THE ASSESSEE IS GRANTED AND THESE APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. 4. IN THE RESULT, THE APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH FEBRUARY, 2021. SD/- SD/- (A.T. VARKEY) (P.M. JAGTAP) (JUDICIAL MEMBER) VICE PRESIDENT DATED: 12/02/2021 BISWAJIT, SR. PS COPY OF ORDER FORWARDED TO: 1. KAMALA FINCON PVT. LTD., MERLIN CHATTERJEE, 33/A, CHANDRANATH CHATTERJEE STREET, JAGGU BAZAR, KOLKATA 700 025. 2. DCIT, CIRCLE 10(1), KOLKATA. 3. THE CIT(A) 4. THE CIT 5. DR TRUE COPY, BY ORDER, ASSISTANT REGISTRAR ITAT, KOLKATA