Deputy Commissioner of Income Tax, Circle-3, Guwahati V. M/s. Satyam Ispat, Papumpare

ITA 88/GTY/2017

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3021 (ITAT-GUWAHATI)
• Duration Of Justice: 4 year(s) 5 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-10-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 27-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NONGUTHULG JUNGIO
• Assessee Lawyers: J P GUPTA
• Keywords: Competent authority

Judgement Text

1 ITA NO. 88/GAU/2017 M/S SATYAM ISPAT ASSESSMENT YEAR: 2013-14 IN THE INCOME TAX APPELLATE TRIBUNAL GAUHATI BENC H: GUWAHATI HEARING AT KOLKATA [BEFORE SHRI P. M. JAGTAP, VICE-PRESIDENT (KZ) AND SHRI A. T. VARKEY, JM] I.T.A. NO. 88/GAU/2017 ASSESSMENT YEAR: 2013-14 DCIT, CIRCLE-3, GUWAHATI VS. M/S SATYAM ISPAT (PAN: AAGCS 0362 Q) APPELLANT RESPONDENT DATE OF HEARING (VIRTUAL) 18.10.2021 DATE OF PRONOUNCEMENT 18.10.2021 FOR THE APPELLANT SHRI NONGUTHULG JUNGIO, D.R FOR THE RESPONDENT SHRI J.P. GUPTA, A.R ORDER PER SHRI A.T. VARKEY, JM: THIS IS AN APPEAL PREFERRED BY THE REVENUE AGAINST THE ORDER OF LD. CIT(A)-2, GUWAHATI DATED 23.02.2017 FOR ASSESSMENT YEAR 2013- 14. 2. THE ASSESSEE VIDE ITS LETTER SUBMITTED THAT I T HAS OPTED FOR THE SCHEME UNDER VIVAD SE VISHWAS ACT, 2020 (HEREINAFTER THE SCHEME). IT HAS BEEN BROUGHT TO OUR NOTICE THAT THE ASSESSEE HAS RECEIVED FORM NUMBER 3 FROM COMPETENT AUTHORITY PURSUANT TO THE ASSESSEE FILING FORM NOS. 1 AND 2 AS PER THE SCHEME. AND ALS O THE ASSESSEE HAS FILED FORM NO. 4 AND FILED ALONG WITH IT EVIDENCE OF DEPOSITING THE AMOUNT / TAX AS STATED IN FORM NO. 3. THEREFORE, WE NOTE THAT SINCE THE ASSESSEE HAS ALRE ADY DEPOSITED THE TAX AS SHOWN IN FORM NO. 3 AND HAS FILED FORM NO. 4 ALONG WITH CHALLAN EVIDENCING PAYMENT OF TAX AS PER THE SCHEME, SO, THERE IS NO POINT IN KEEPING THE DEPART MENTAL APPEAL PENDING. IN THE LIGHT OF THE AFORESAID FACTS, THE LD. A.R OF THE ASSESSEE SH RI J. P. GUPTA REQUESTS THAT THE REVENUE APPEAL BE DISMISSED AS WITHDRAWN. 3. THE LD. D.R HAS NO OBJECTION TO THE REVENUE APPE AL BEING DISMISSED AS WITHDRAWN. 2 ITA NO. 88/GAU/2017 M/S SATYAM ISPAT ASSESSMENT YEAR: 2013-14 4. IN THE LIGHT OF THE AFORESAID FACTS, WE TREAT T HE APPEAL OF DEPARTMENT AS WITHDRAWN AND ERGO THE APPEAL OF THE REVENUE STANDS DISMISSED . 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DI SMISSED AS WITHDRAWN. ORDER IS PRONOUNCED IN THE OPEN COURT ON 18 TH OCTOBER, 2021. SD/- SD/- (P. M. JAGTAP) (A. T. VARKEY) VICE-PRESIDENT JUDICIAL MEMBER DATED: 18.10.2021 SB, SR. PS COPY OF THE ORDER FORWARDED TO: 1. APPELLANT-DCIT, CIRCLE-3, GUWAHATI 2. RESPONDENT M/S SATYAM ISPAT, BANDERDEWA, DISTRICT -PAPUMPARE, ARUNACHAL PRADESH-791123. 3. THE CIT(A)- 2, GUWAHATI 4. CIT- , GUWAHATI 5. DR, GAUHATI BENCH, GAUHATI TRUE COPY BY ORDER SR. PRIVATE SECRETARY/DDO ITAT, KOLKATA BENCHES, KOLKATA