Shri Budhraj Agarwal, Jalpaiguri V. I.T.O.,Ward-1(1), Jalpaiguri

ITA 652/KOL/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3386 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 10 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 02-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RANU BISWAS CIT SR DR REVE

Judgement Text

ITA NO. 652/KOL/2019 ASS ESSMENT YEAR: 2014-2015 SHRI BUDHRAJ AGARWAL 1 IN THE INCOME TAX APPELLATE TRIBUNAL, A(SMC) BENCH, KOLKATA [VIRTUAL COURT HEARING] BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT I.T.A. NO. 652/KOL/2019 ASSESSMENT YEAR: 2014-2015 SHRI BUDHRAJ AGARWAL,.............................. ............................ APPELLANT C/O. RAJESH MOHAN & ASSOCIATES, UNIT NO. 18, 5 TH FLOOR, BAGATI HOUSE, 34, GANESH CHANDRA AVENUE, KOLKATA-700013 [PAN:AFBPA7021B] -VS.- INCOME TAX OFFICER,................................ ................................ RESPONDENT WARD-1(1), JALPAIGJURI, CENTRAL REVENUE BUILDING, NAYA BASTI, JALPAIGURI-735101 APPEARANCES BY: SHRI ABHISHEK BANSAL, A.R., APPEARED ON BEHALF OF T HE ASSESSEE SMT. RANU BISWAS, ADDL. CIT, SR. D.R. APPEARED ON B EHALF OF THE REVENUE DATE OF CONCLUDING THE HEARING : FEBRUARY 25, 2021 DATE OF PRONOUNCING THE ORDER : FEBRUARY 25, 2021 O R D E R THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS), JALPAIGURI DA TED 23.01.2019 . 2. IN THIS CASE, THE LD. AUTHORIZED REPRESENTATIVE OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS DECIDED TO SETTLE T HE DISPUTE INVOLVED IN THE SAID APPEAL UNDER THE DIRECT TAX VIVAD SE VISHW AS ACT, 2020 AND HAS DULY FILED THE DECLARATIONS IN FORM NO. 1 AND FORM NO. 2 BUT THE DESIGNATED AUTHORITY HAS NOT ISSUED THE CERTIFICATE IN FORM NO. 3 AS PER SECTION 5(1) OF THE SCHEME SO FAR DETERMINING THE T AX PAYABLE BY HIM UNDER THE SAME SCHEME. ITA NO. 652/KOL/2019 ASS ESSMENT YEAR: 2014-2015 SHRI BUDHRAJ AGARWAL 2 3. KEEPING IN VIEW THESE FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING ESPECIALLY THE FACT THAT THE ASSESSEE HAS DULY COMP LIED WITH THE NECESSARY REQUIREMENTS UNDER VIVAD SE VISHWAS SCHEME, 2020, I PERMIT THE ASSESSEE TO WITHDRAW THIS APPEAL AND DISMISS THE AP PEAL WITH THE LIBERTY TO THE ASSESSEE THAT IN CASE, THERE IS ANY PROBLEM IN ISSUANCE OF THE CERTIFICATE IN FORM NO. 3 BY THE DESIGNATED AUTHORI TY OR ANY OTHER SUCH SITUATION MAKING THE ASSESSEE NOT ELIGIBLE TO OPT F OR THE VIVAD SE VISHWAS SCHEME, 2020, HE WILL HAVE THE LIBERTY TO APPROACH THIS TRIBUNAL WITH A REQUEST FOR RESTORATION OF THIS APPEAL. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON FEBRUARY 25, 2021. SD/- (P.M. JAGTAP) VICE-PRESIDE NT) KOLKATA, THE 25 TH DAY OF FEBRUARY, 2021 COPIES TO : (1) SHRI BUDHRAJ AGARWAL, C/O. RAJESH MOHAN & ASSOCIATES, UNIT NO. 18, 5 TH FLOOR, BAGATI HOUSE, 34, GANESH CHANDRA AVENUE, KOLKATA-700013 (2) INCOME TAX OFFICER, WARD-1(1), JALPAIGJURI, CENTRAL REVENUE BUILDING, NAYA BASTI, JALPAIGURI-735101 (3) COMMISSIONER OF INCOME TAX (APPEALS), JALPAIGU RI; (4) COMMISSIONER OF INCOME TAX- , (5) THE DEPARTMENTAL REPRESENTATIVE; (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.