M/s Sai Baba Finvest Private Limited , Kolkata V. I.T.O.,Ward-10(4), Kolkata

ITA 884/KOL/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5929 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 23-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 263

Judgement Text

I.T.A. NO. 884/KOL/2019 A.Y. 2014-2015 SAI BABA FINVEST (P) LIMITE D 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA C BENCH, KOLKATA [VIRTUAL COURT HEARING] BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT (KZ) AND SHRI A.T. VARKEY, JUDICIAL MEMBER I.T.A. NO. 884/KOL/2019 ASSESSMENT YEAR: 2014-2015 SAI BABA FINVEST (P) LIMITED,...................... ..............................APPELLANT C/O. RAJESH MOHAN & ASSOCIATES, UNIT NO. 18, 5 TH FLOOR, BAGATI HOUSE, 34, GANESH CHANDRA AVENUE, KOLKATA-700013 [PAN: AANCS8274N] -VS.- INCOME TAX OFFICER,................................ .....................................RESPONDENT WARD-10(4), KOLKATA, AAYAKAR BHAWAN, 3 RD FLOOR, P-7, CHOWRINGHEE SQUARE, KOLKATA-700069 APPEARANCES BY: SHRI ABHISHEK BANSAL, A.R., FOR THE APPELLANT SHRI JAYANTA KHANRA, JCIT, SR. D.R. , FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : APRIL 23, 2021 DATE OF PRONOUNCING THE ORDER : APRIL 23, 2021 O R D E R PER SHRI P.M. JAGTAP, VICE-PRESIDENT (KZ):- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER LD. PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA-4, KO LKATA DATED 12.02.2019 PASSED UNDER SECTION 263 OF THE INCOME T AX ACT, 1961. 2. IN THIS CASE, THE DIRECTOR OF THE ASSESSEE-COMPA NY HAS MOVED AN APPLICATION DATED 20.03.2021 SEEKING WITHDRAWAL OF THIS APPEAL ON THE GROUND THAT THEY HAVE DECIDED TO SETTLE THE DISPUTE INVOLVED IN THE SAID APPEAL UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2 020. THE ASSESSEE HAS DULY FILED THE DECLARATIONS IN FORM NO. 1 AND F ORM NO. 2 AND THE I.T.A. NO. 884/KOL/2019 A.Y. 2014-2015 SAI BABA FINVEST (P) LIMITE D 2 DESIGNATED AUTHORITY HAS ISSUED THE CERTIFICATE IN FORM NO. 3 AS PER SECTION 5(1) OF THE SCHEME ACCEPTING THE ASSESSEES DECLARATION UNDER THE SAME SCHEME. 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, T HE PERMISSION AS SOUGHT BY THE DIRECTOR OF THE ASSESSEE-COMPANY IS G RANTED AND THIS APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON APRIL 23, 202 1. SD/- SD/- (A.T. VARKEY) (P.M. JAGTAP) JUDICIAL MEMBER VICE -PRESIDENT (KZ) KOLKATA, THE 23 RD DAY OF APRIL, 2021 COPIES TO : (1) SAI BABA FINVEST (P) LIMITED, C/O. RAJESH MOHAN & ASSOCIATES, UNIT NO. 18, 5 TH FLOOR, BAGATI HOUSE, 34, GANESH CHANDRA AVENUE, KOLKATA-700013 (2) INCOME TAX OFFICER, WARD-10(4), KOLKATA, AAYAKAR BHAWAN, 3 RD FLOOR, P-7, CHOWRINGHEE SQUARE, KOLKATA-700069 (3) PR. COMMISSIONER OF INCOME TAX, KOLKATA-4, KO LKATA, (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.