The West Bengal State Co-opt. Bank Ltd., Kolkata V. ACIT,(TDS) Circle - 59, Kolkata, Kolkata

ITA 562/KOL/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8706 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 9 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2003-2004
• Appeal Filed On: 20-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DHRUBAJYOTI ROY
• Keywords: Competent authority; TDS

Judgement Text

ITA NOS. 561&562/KOL/2019 THE WEST BENGAL STATE CO-OPERATIVE BANK LTD. A.Y. 2002-03 & 2003-04 1 | P A GE , C , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOLKATA [BEFORE SHRI J. SUDHAKAR REDDY, AM AND SHRI A. T. VARKEY, JM] I.T.A. NOS. 561 & 562/KOL/2019 ASSESSMENT YEARS: 2002-03 & 2003-04 THE WEST BENGAL STATE CO- OPERATIVE BANK LTD. (PAN: AAAAT 7072 N) VS. ACIT(TDS), CIRCLE-59, KOLKATA APPELLANT RESPONDENT DATE OF HEARING (VIRTUAL) 08.01.2021 DATE OF PRONOUNCEMENT 08.01.2021 FOR THE APPELLANT NONE FOR THE RESPONDENT SHRI DHRUBAJYOTI ROY, JCIT ORDER PER BENCH: THESE APPEALS ARE PREFERRED BY THE ASSESSEE AGAINST THE SEPARATE ORDERS OF LD. CIT(A)-24, KOLKATA DATED 19.12.2018 FOR AY 2002-03 & 2003-04 RESPECTIVELY. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. AT THE OUTSET, IT IS NOTICED THAT AN APPLICATION FOR WITHDRAWAL OF APPEAL DATED 29.12.2020 HAS BEEN PLACED IN FILE WHEREIN THE LD. AR OF THE ASSESSEE HAS STATED THAT THE ASSESSEE HAD OPTED FOR DIRECT TAX VIVAD SE VISHWAS SCHEME, 2020 (HEREINAFTER, THE SCHEME) AND HAD FILED FORM-1 & FORM-2 BEFORE THE COMPETENT AUTHORITY AND IS AWAITING THE ISSUE OF FORM NO. 3 FROM THE COMPETENT AUTHORITY. THEREFORE, TAKING INTO CONSIDERATION THE FACT THAT SINCE THE ASSESSEE HAS OPTED FOR THE SCHEME FOR THE AYS 2002-03 AND 2003-04, THERE IS NO POINT IN KEEPING THE IMPUGNED APPEALS PENDING. ITA NOS. 561&562/KOL/2019 THE WEST BENGAL STATE CO-OPERATIVE BANK LTD. A.Y. 2002-03 & 2003-04 2 | P A GE 3. IN THE LIGHT OF THE AFORESAID DISCUSSION, WE TREAT THIS SUBMISSION OF THE LD. AR OF THE ASSESSEE INFORMING THE TRIBUNAL THE FACT THAT ASSESSEE HAS OPTED FOR THE SAID SCHEME, THEREFORE, WE ALLOW THE ASSESSEE TO WITHDRAW THE IMPUGNED APPEALS. IN CASE, IF THE COMPETENT AUTHORITY AS PER THE SCHEME DOES NOT ACCEPT THE ASSESSEES PROPOSAL TO OPT FOR THE VIVAD SE VISHWAS SCHEME, 2020, THEN THE ASSESSEE IS AT LIBERTY TO MOVE AN APPLICATION FOR RECALLING THIS ORDER. WITH THE AFORESAID CAVEAT, WE ALLOW THE ASSESSEE TO WITHDRAW THE CAPTIONED APPEALS. 4. NEEDLESS TO SAY THAT OUR AFORESAID ACTION ALLOWING THE ASSESSEE TO WITHDRAW THE APPEALS, WILL NOT COME IN THE WAY OF THE COMPETENT AUTHORITY OF REVENUE TO ACCEPT THE ASSSSEES SAID OPTION/SCHEME FOR AVAILING VIVAD SE VISHWAS SCHEME, 2020. 5. IN THE RESULT, THE APPEALS OF ASSESSEE ARE DISMISSED AS WITHDRAWN. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (J( (J.S. REDDY) (A. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 08.01.2021 JD, SR. PS COPY OF THE ORDER FORWARDED TO: 1. APPELLANT- THE WEST BENGAL STATE CO-OPERATIVE BANK LTD., 24A, WATERLOO STREET, KOLKATA-700069. 2. RESPONDENT- ACIT(TDS), CIRCLE-59, KOLKATA 3. THE CIT(A)- , KOLKATA (SENT THROUGH E-MAIL) 4. CIT- , KOLKATA 5. DR, KOLKATA BENCHES, KOLKATA (SENT THROUGH E-MAIL) TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, KOLKATA BENCHES, KOLKATA