M/s Shyam Metalics and Energy Ltd.(M/s for Amazing Vinimay Pvt Ltd), Kolkata V. DCIT, Central Cir. -1(1), Kolkata

ITA 5/KOL/2021

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5966 (ITAT-KOLKATA)
• Duration Of Justice: 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-02-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 05-01-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 250; 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH B, KOLKATA VIRTUAL HEARING [BEFORE SHRI J. SUDHAKAR REDDY, HONBLE ACCOUNTANT MEMBER & SHRI SANJAY GARG, HONBLE JUDICIAL MEMBER] I.T.A. NO. 05/KOL/2021 ASSESSMENT YEAR: 2012-13 M/S. SHYAM METALICS AND ENERGY LTD.........................APPELLANT (M/S. FOR AMAZING VINIMAY PVT. LTD. SINCE AMALGAMATED) 83, 7 TH FLOOR TRINITY TOWERS TOPSIA ROAD KOLKATA 700 046 [PAN : AAHCA 1706 F] DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1), KOLKATA....................................RESPONDENT APPEARANCES BY: SHRI A.K. TULSIYAN, FCA, APPEARED ON BEHALF OF THE ASSESSEE. SHRI DHRUBAJYOTI ROY, JCIT, D/R. APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : JANUARY 22 ND , 2020 DATE OF PRONOUNCING THE ORDER : FEBRUARY 3 RD , 2021 ORDER PER J. SUDHAKAR REDDY, AM :- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 9, KOLKATA, (HEREINAFTER THE LD.CIT(A)), PASSED U/S. 250 OF THE INCOME TAX ACT, 1961 (THE ACT), DT. 01/02/2021 FOR THE ASSESSMENT YEAR 2012-13. 2. THERE IS A DELAY OF 503 (FIVE HUNDRED THREE) DAYS IN FILING OF THIS APPEAL BY THE ASSESSEE. AFTER PERUSING THE PETITIONS FOR CONDONATION FOR DELAY, WE ARE CONVINCED THAT THE ASSESSEE WAS PREVENTED BY SUFFICIENT CAUSE IN FILING THE APPEALS IN TIME. HENCE, WE CONDONE THE DELAY AND ADMIT THE APPEAL. THE ASSESSEE INTENDS TO AVAIL VIVAD SE VISHWAS SCHEME. HENCE THIS INTERIM ORDER 3. THE REGISTRY IS FURTHER DIRECTED TO POST THE CASE FOR HEARING ON OUT OF TURN BASIS IN DUE COURSE. 4. ORDERED ACCORDINGLY. KOLKATA, THE 3 RD DAY OF FEBRUARY, 2021 SD/- SD/- [ SANJAY GARG ] [ J. SUDHAKAR REDDY ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 03.02.2021 {SC SPS} 2 I.T.A. NO. 627/KOL/2020 ASSESSMENT YEAR: 2016-17 RAHUL AGARWAL COPY OF THE ORDER FORWARDED TO: 1. M/S. SHYAM METALICS AND ENERGY LTD (M/S. FOR AMAZING VINIMAY PVT. LTD. SINCE AMALGAMATED) 83, 7 TH FLOOR TRINITY TOWERS TOPSIA ROAD KOLKATA 700 046 2. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1), KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES