Rakesh Kumar Karwa, Guwahati V. Income Tax Officer, Ward-2, Sivasagar

ITA 468/GTY/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0695 (ITAT-GUWAHATI)
• Duration Of Justice: 1 year(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 19-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUBHRAJYOTI BHATTACHARYA
• Assessee Lawyers: KISHORE JAIN
• Keywords: Competent authority

Judgement Text

ITA NO. 468/GAU/2019 RAKESH KR. KARWA A.Y. 2010-11 IN THE INCOME TAX APPELLATE TRIBUNAL GAUHATI BENCH: GUWAHATI VIRTUAL HEARING AT KOLKATA [BEFORE SHRI A. T. VARKEY, JM] I.T.A. NO. 468/GAU/2019 ASSESSMENT YEAR: 2011-12 RAKESH KR. KARWA (PAN: AEHPK 5799 K ) VS. ITO, WARD-2, SIVSAGAR APPELLANT RESPONDENT DATE OF HEARING (VIRTUAL) 21.12.2020 DATE OF PRONOUNCEMENT 21.12.2020 FOR THE APPELLANT SHRI KISHORE JAIN, AR FOR THE RESPONDENT SHRI SUBHRAJYOTI BHATTACHARYA, D .R. ORDER THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST TH E ORDER OF LD. CIT(A)-JORHAT DATED 05.12.2018 FOR A.Y. 2011-12. 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SHRI KISHORE JAIN BROUGHT TO MY NOTICE THAT THE ASSESSEE HAS OPTED FOR THE DIREC T TAX VIVAD SE VISWAS SCHEME, 2020 (HEREINAFTER, THE SCHEME). ACCORDING TO THE COUNSEL, THE ASSESSEE HAS FILED DECLARATION IN FORM 1 AND 2 BEFORE THE COMPETENT AU THORITY AND IS AWAITING FORM 3 FROM THE COMPETENT AUTHORITY. IN THE LIGHT OF THE AFORESAID FACT, SINCE THE ASSESSEE HAS OPTED FOR THE SCHEME AND HAS ALREADY TAKEN STEPS AS PER THE DIRECT TAX VIVAD SE VISWAS SCHEME, 2020, THERE IS NO POINT KEEPING THE IMPUGNED APPEAL PENDING. 3. IN THE LIGHT OF THE AFORESAID DISCUSSION, I TREA T THIS SUBMISSION INFORMING US THE FACT THAT ASSESSEE HAS OPTED FOR THE SCHEME BY FILI NG FORM-1 & FORM-2, I ALLOW THE ASSESSEE TO WITHDRAW THE IMPUGNED APPEAL. IN CASE, IF THE COMPETENT AUTHORITY AS PER THE SCHEME DOES NOT ACCEPT THE ASSESSEES ACTION OF FILING FORM 1 AND 2 OF THE VIVAD SE VISWAS SCHEME, 2020, THEN THE ASSESSEE IS AT LIB ERTY TO MOVE APPLICATION FOR ITA NO. 468/GAU/2019 RAKESH KR. KARWA A.Y. 2010-11 RECALLING THIS ORDER. WITH THE AFORESAID CAVEAT, I ALLOW THE ASSESSEE TO WITHDRAW THIS APPEAL. 4. NEEDLESS TO SAY THAT MY AFORESAID ACTION ALLOWIN G THE ASSESSEE TO WITHDRAW THE APPEAL, WILL NOT PRECLUDE THE COMPETENT AUTHORITY O F REVENUE TO ACCEPT THE ASSESSEES SAID OPTION / SCHEME FOR AVAILING VIVAD SE VISWAS SCHEME, 2020. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMI SSED AS WITHDRAWN. ORDER IS PRONOUNCED IN THE OPEN COURT ON 21 .12. 2020. SD/- (A. T. VARKEY) VICE PRESIDENT JUDICIAL MEMBER DATED: 21 ST DECEMBER, 2020 SB, SR. PS COPY OF THE ORDER FORWARDED TO: 1. APPELLANT- RAKESH KR. KARWA, S/O, RAM GOPAL KARWA, ROOM NO. 19, 3 RD FLOOR, T. N. TOWER, PALTAN BAZAR, GUWAHATI-781001 2. RESPONDENT- ITO, WARD-2(2), ASANSOL 3. THE CIT(A)- GUWAHATI 4. CIT- , GUWAHATI 5. DR, GAUHATI BENCH, GUWAHATI TRUE COPY BY ORDER SR. PRIVATE SECRETARY/ DDO ITAT, GAUHATI BENCH, GUWAHATI