Holistic Financial Consultancy (p) Ltd`, Guwahati V. Income Tax Officer, Ward-3(5), Guwahati

ITA 435/GTY/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9315 (ITAT-GUWAHATI)
• Duration Of Justice: 9 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-08-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2016-2017
• Appeal Filed On: 23-10-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 20

Judgement Text

ITA NO. 435/GAU/2019 ASS ESSMENT YEAR: 2016-2017 HOLISTIC FINANCIAL CON SULTANCY PVT. LIMITED, GUWAHATI 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA-GUWAHATI E-COURT, KOLKATA BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT & SMT. MADHUMITA ROY, JUDICIAL MEMBER I.T.A. NO. 435/GAU/2019 ASSESSMENT YEAR: 2016-2017 HOLISTIC FINANCIAL CONSULTANCY PVT. LIMITED,..... ........................APPELLANT SANMATI PLAZA, G.S. ROAD, GUWAHATI-781005 [PAN: AABCH6078D] -VS.- INCOME TAX OFFICER,................................ ..........................................RESPONDEN T WARD-3(5), GUWAHATI, AAYAKAR BHAWAN, G.S. ROAD, GUWAHATI-781005 APPEARANCES BY: PRESENT FOR THE ASSESSEE : WITHDRAWAL APPLICAT ION PRESENT FOR THE REVENUE : N O N E DATE OF CONCLUDING THE HEARING : AUGUST 14, 2020 DATE OF PRONOUNCING THE ORDER : AUGUST 14, 2020 O R D E R PER BENCH :- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS), GUWAHATI-2, G UWAHATI DATED 16.08.2019. 2. IN THIS CASE, SHRI NANIGOPAL SUTRADHAR, DIRECTOR OF THE ASSESSEE- COMPANY HAS MOVED AN APPLICATION SEEKING WITHDRAWAL OF THE APPEAL FILED BY THE ASSESSEE ON THE GROUND THAT IT HAS OPTED TO SETTLE THE DISPUTE INVOLVED IN THE SAID APPEAL UNDER THE DIRECT TAX VI VAD SE VISHWAS ACT, 2020. IT IS ALSO STATED IN THE APPLICATION THAT THE REQUIRED DECLARATION IN THE PRESCRIBED FORM 1 AND FORM 2 HAS BEEN FILED BY THE ASSESSEE AND THE DESIGNATED AUTHORITY HAS ALSO ISSUED THE CERTIFICAT E IN FORM NO. 3, A COPY OF WHICH IS ENCLOSED WITH THE APPLICATION. ITA NO. 435/GAU/2019 ASS ESSMENT YEAR: 2016-2017 HOLISTIC FINANCIAL CON SULTANCY PVT. LIMITED, GUWAHATI 2 3. THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 HAS IN TRODUCED A DISPUTE RESOLUTION SCHEME, WHICH IS APPLICABLE TO ALL APPEA LS/PETITIONS FILED BY THE TAX-PAYERS OR INCOME TAX DEPARTMENT, WHICH WERE PENDING UNTIL 31 ST JANUARY, 2020 BEFORE ANY APPELLATE FORUM INCLUDING THE INCOME TAX APPELLATE TRIBUNAL. THE PROCEDURE TO AVAIL THE SAID SCHEME IS PRESCRIBED AS UNDER:- (I) FILING OF DECLARATION IN FORM 1 AND FORM 2 DECLARATION UNDER SECTION 4(1) OF THE SCHEME SHALL BE MADE IN FORM 1 CONSISTING OF THE DETAILS REGARDING THE APPE AL TO BE SETTLED. UNDERTAKING TO BE FURNISHED BY THE DECLARA NT IN FORM 2 CONCERNING THE WAIVING OF HIS RIGHT TO SEEK OR PURS UE ANY REMEDY UNDER ANY LAW IS TO BE ACCOMPANIED ALONG WIT H FORM 1. (II) CERTIFICATE FROM THE DESIGNATED AUTHORITY IN FORM 3 THE DESIGNATED AUTHORITY WITHIN 15 DAYS FROM THE RE CEIPT OF THE DECLARATION IN FORM 1 AND FORM 2 WILL ISSUE A C ERTIFICATE IN FORM 3 UNDER SECTION 5(1) OF THE SCHEME DETERMINING THE AMOUNT PAYABLE UNDER THE SCHEME. (III) PAYMENT OF TAXES AND WITHDRAWAL OF APPEAL THE DECLARANT SHALL PAY THE AMOUNT (IF NOT ALREADY PAID) AS DETERMINED IN FORM 3 WITHIN 15 DAYS FROM THE DATE O F RECEIPT OF SUCH CERTIFICATE. THE DECLARANT IS ALSO REQUIRED TO WITHDRAW THE APPEAL FOR WHICH THE DECLARATION IS FILED AFTER RECEIPT OF CERTIFICATE UNDER SECTION 5(1) OF THE SCHEME. 4. AS ALREADY NOTED, THE ASSESSEE HAS DULY FILED TH E DECLARATIONS IN FORM 1 AND FORM 2 AND THE DESIGNATED AUTHORITY HAS ALSO ISSUED THE CERTIFICATE IN FORM 3 AS PER SECTION 5(1) OF THE SC HEME DETERMINING THE TAX PAYABLE BY THE ASSESSEE UNDER THE SCHEME. ON RE CEIPT OF THE SAID ITA NO. 435/GAU/2019 ASS ESSMENT YEAR: 2016-2017 HOLISTIC FINANCIAL CON SULTANCY PVT. LIMITED, GUWAHATI 3 CERTIFICATE IN FORM 3, THE ASSESSEE IS NOW SEEKING TO WITHDRAW THIS APPEAL AS REQUIRED UNDER THE SCHEME AND KEEPING IN VIEW TH AT THE ASSESSEE HAS DULY COMPLIED WITH THE NECESSARY REQUIREMENTS UNDER THE SCHEME, WE PERMIT THE WITHDRAWAL OF THIS APPEAL FILED BY THE A SSESSEE AND DISMISS THE SAME AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON AUGUST 14, 20 20. SD/- SD/- (MADHUMITA ROY) (P.M. JAGTAP) JUDICIAL MEMBER VICE-PRESIDENT) KOLKATA, THE 14 TH DAY OF AUGUST, 2020 COPIES TO : (1) HOLISTIC FINANCIAL CONSULTANCY PVT. LIMITED, SANMATI PLAZA, G.S. ROAD, GUWAHATI-781005 (2) INCOME TAX OFFICER, WARD-3(5), GUWAHATI, AAYAKAR BHAWAN, G.S. ROAD, GUWAHATI-781005 (3) COMMISSIONER OF INCOME TAX (APPEALS), GUWAHATI -2. GUWAHATI; (4) COMMISSIONER OF INCOME TAX- , (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER SR. P.S. & DDO, ITAT GUWAHATI, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.