Amit Bafna HUF, Kolkata V. Pr.CIT-10, Kolkata

ITA 82/KOL/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2725 (ITAT-KOLKATA)
• Duration Of Justice: 10 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 24-11-2020
• Assessment Year: 2014-2015
• Appeal Filed On: 20-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: JAYANTA KHANRA
• Keywords: Competent authority
• Section: 263

Judgement Text

1 ITA NO.82/KOL/2020 AMIT BAFNA, HUF, A.Y 2014-15 , A , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: KOLKATA [BEFORE HONBLE SHRI J.SUDHAKAR REDDY, AM AND HONBLE SHRI A. T. VARKEY, JM ITA NO. 82/KOL/2020 ASSESSMENT YEAR: 2014-15 AMIT BAFNA, HUF (PAN: AAHHA9553M) VS. PR. COMMISSIONER OF INCOME-TAX 10, KOLKATA. APPELLANT RESPONDENT DATE OF HEARING (VIRTUAL) 24.11.2020 DATE OF PRONOUNCEMENT 26.11.2020 FOR THE APPELLANT SHRI SUBASH AGARWAL, ADVOCATE FOR THE RESPONDENT SHRI JAYANTA KHANRA, JCIT ORDER SHRI A. T. VARKEY, JM THIS IS AN APPEAL PREFERRED BY THE ASSESSEE AGAINST THE REVISIONAL ORDER OF LD. PR. CIT-10, KOLKATA DATED 01-03-2019 FOR THE ASSESSMENT YEAR 2014-15 PASSED U/S. 263 OF THE INCOME-TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT). 2. THIS APPEAL OF ASSESSEE IS TIME BARRED BY 256 DAYS AND A CONDONATION APPLICATION HAS BEEN FILED. AFTER PERUSING THE SAID APPLICATION, WE CONDONE THE DELAY AND ADMIT THE APPEAL FOR HEARING. 3. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SHRI SUBASH AGARWAL, ADVOCATE BROUGHT TO OUR NOTICE THAT THE ASSESSEE HAS OPTED FOR THE DIRECT TAX VIVAD SE VISHWAS SCHEME 2020 (HEREINAFTER, THE SCHEME) AND ACCORDINGLY HAS FILED FORM 1 AND 2 BEFORE THE COMPETENT AUTHORITY AS PER THE SCHEME IN RESPECT OF THIS APPEAL AND IS AWAITING THE ISSUE OF FORM NO. 3 FROM THE COMPETENT AUTHORITY. TAKING INTO CONSIDERATION THE FACT THAT SINCE THE ASSESSEE IS OPTING FOR THE VIVAD SE VISHWAS SCHEME, 2020 FOR THE ASSESSMENT YEAR 2014-15, THERE IS NO POINT IN KEEPING THE IMPUGNED APPEAL PENDING. 3. IN THE LIGHT OF THE AFORESAID DISCUSSION, WE TREAT THIS SUBMISSION OF THE LD. AR OF 2 ITA NO.82/KOL/2020 AMIT BAFNA, HUF, A.Y 2014-15 THE ASSESSEE INFORMING THE TRIBUNAL THE FACT THAT ASSESSEE IS OPTING FOR THE SAID SCHEME, THEREFORE, WE ALLOW THE ASSESSEE TO WITHDRAW THE IMPUGNED APPEAL. 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 APPEAL. 4. NEEDLESS TO SAY THAT OUR AFORESAID ACTION ALLOWING THE ASSESSEE TO WITHDRAW THE APPEAL, WILL NOT COME IN THE WAY OF THE COMPETENT AUTHORITY OF REVENUE TO ACCEPT THE ASSESSEES SAID OPTION/SCHEME FOR AVAILING VIVAD SE VISHWAS SCHEME, 2020. 5. IN THE RESULT, THE APPEAL OF ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER IS PRONOUNCED IN THE OPEN COURT ON 26TH NOVEMBER, 2020. SD/- SD/- ( J. SUDHAKAR REDDY) (ABY. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 26TH NOVEMBER, 2020 **JD(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT: SHRI AMIT BAFNA, HUF, C/O SUBASH AGARWAL & ASSOCIATES, ADVOCATES, SIDDHA GIBSON, 1, GIBSON LANE, SUITE 213, 2 ND FLOOR, KOLKATA- 700 069. 2 RESPONDENT PR. CIT-10, KOLKATA. 3. 4. ITO, WARD-29(2), KOLKATA DR, ITAT, KOLKATA. (SENT THROUGH E-MAIL) BY ORDER, /TRUE COPY, ASSISTANT REGISTRAR