A.C.I.T.,Circle-22, Kolkata V. Thomas Mathew, Kolkata

ITA 447/KOL/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5790 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 10 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 11-01-2021
• Assessment Year: 2009-2010
• Appeal Filed On: 08-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: PULKIT CHHAJER
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA C BENCH, KOLKATA (VIRTUAL COURT) (BEFORE SRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER & SRI SANJAY GARG, JUDICIAL MEMBER) I.T.A. NO. 447/KOL/2019 ASSESSMENT YEAR: 2009-10 ACIT, CIRCLE-22, KOLKATA....................................................................................................APPELLANT VS. SHRI THOMAS MATHEW..............................................................................RESPONDENT [PAN: AIGPM 3808 G] APPEARANCES BY: SH. DEVI SARAN SINGH, CIT, APPEARED ON BEHALF OF THE REVENUE. SH. PULKIT CHHAJER, A/R, APPEARED ON BEHALF OF THE ASSESSEE. DATE OF CONCLUDING THE HEARING : JANUARY 11 TH , 2021 DATE OF PRONOUNCING THE ORDER : FEBRUARY 5 TH , 2021 ORDER PER J. SUDHAKAR REDDY : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-6, KOLKATA [HEREINAFTER THE CIT(A)], PASSED U/S. 250 OF THE INCOME TAX ACT, 1961 (THE ACT), DATED 24.12.2018 FOR THE ASSESSMENT YEAR 2009-10. 2. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS AVAILING THE VIVAD SE VISHWAS SCHEME AND HAS FILED AN APPLICATION IN THIS REGARD. HE WANTED AN ADJOURNMENT OR IN THE ALTERNATIVE PLEADED FOR PROTECTION THAT, IF ITS APPLICATION UNDER THE SCHEME IS REJECTED BY THE AUTHORITIES, THE APPEAL MAY BE RESTORED. HE SUBMITTED THAT IF SUCH AN ASSURANCE IS RECORDED IN THE ORDER, HE WOULD WITHDRAW THIS APPEAL BEFORE THE TRIBUNAL. THE LD. DR HAD NO OBJECTION. 3. AFTER HEARING RIVAL CONTENTIONS, WE DISMISS THIS APPEAL AS WITHDRAWN WITH THE CONDITION THAT THE SAME SHALL BE RESTORED IN CASE THE AUTHORITIES DO NOT APPROVE THE APPLICATION FILED BY THE ASSESSEE FOR RESOLUTION OF THE DISPUTE UNDER VIVAD SE VISHWAS SCHEME . 2 I.T.A. NO. 447/KOL/2019 ASSESSMENT YEAR: 2009-10 SHRI THOMAS MATHEW. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. KOLKATA, THE 5 TH FEBRUARY, 2021. SD/- SD/- [SANJAY GARG] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 05.02.2021 BIDHAN (P.S.) COPY OF THE ORDER FORWARDED TO: 1. ACIT, CIRCLE-22, KOLKATA. 2. SHRI THOMAS MATHEW, FLAT NO. 801, 8 TH FLOOR, VIVAREA, TOWER A, SANE GURUJI MARG, JACOB CIRCLE, MUMBAI-400 011. 3. CIT(A)-6, KOLKATA. (SENT THROUGH MAIL) 4. CIT- 5. CIT(DR), KOLKATA BENCHES, KOLKATA. (SENT THROUGH MAIL) TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES