DCIT, CENTRAL CIRCLE, 4(3), KOLKATA, KOLKATA vs. CHAMPION DEALTRADE PRIVATE LIMITED, KOLKATA

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ITA 1092/KOL/2024Status: DisposedITAT Kolkata21 February 2025AY 2012-13Bench: Shri Rajesh Kumar (Accountant Member), Shri Pradip Kumar Choubey, Judicial Member DCIT, Central Circle- 4(3), Kolkata I.T.A. No.1092/Kol/2024 Assessment Year: 2012-13 Champion Dealtrade (P) Ltd. vs. .Appellant .Respondent 7th Floor, Room No.C Rup Bhawan, 28, Black Burn Central Avenue, Kol-700012. [PAN: AAECC2849Q] Appearances by: Shri P. N. Barnwal, CIT-DR, appeared on behalf of the appellant. Shri Siddharth Agarwal, Advocate appeared on behalf of the Respondent. Date of concluding the hear1 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee had indeed opted for the DTVSV scheme to settle the dispute. Consequently, the Tribunal dismissed the appeal filed by the Revenue.

What were the facts?

The Revenue filed an appeal for AY 2012-13 against the CIT(A)'s order. The assessee submitted a letter stating they had filed an application under the Direct Tax Vivad Se Viswas (DTVSV) Scheme, 2024, and requested to withdraw the appeal.

What were the issues?

Whether the appeal filed by the Revenue can be dismissed when the assessee has opted for settlement under the DTVSV Scheme, 2024.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH KOLKATA

Before: Shri Rajesh Kumar & Shri Pradip Kumar Choubey

Assessment Year: 2012-13 DCIT, Central Circle- 4(3), Kolkata …………………......................……….……Appellant vs. Champion Dealtrade (P) Ltd..............…..….…..….........……........……...…..…..Respondent 7th Floor, Room No.C Rup Bhawan, 28, Black Burn Central Avenue, Kol-700012. [PAN: AAECC2849Q] Appearances by: Shri P. N. Barnwal, CIT-DR, appeared on behalf of the appellant. Shri Siddharth Agarwal, Advocate appeared on behalf of the Respondent. Date of concluding the hearing : February 19, 2025 Date of pronouncing the order : February 21, 2025 ORDER

Per Rajesh Kumar, Accountant Member:

The present appeal filed by the revenue for the assessment year 2012-13 against the order dated 07.03.2024 of the Commissioner of Income Tax (Appeals)-27, Kolkata [hereinafter referred to as ‘CIT(A)’] u/s 250 of the Income Tax Act (hereinafter referred to as the ‘Act’).

At the outset, the ld. AR of the assessee has submitted a letter dated 01.02.2025 stating therein that the assessee has filed an application on 30.01.2025 under the Direct Tax Vivad Se Viswas (DTVSV) Scheme, 2024 and the department has not yet issued due certificate in Form No.2 in this respect. Under the circumstances, the assessee prayed before us to allow the appeal to be withdrawn.

On the other hand, the ld. DR candidly accepted the fact that the assessee has already filed Form No.1 for settling the dispute under DTVSV scheme, 2024.

Assessment Year: 2012-13 Champion Dealtrade (P) Ltd 4. After hearing the submissions made by both the parties and considering the facts on record, we find that the assessee has gone into DTVSV scheme, 2024 and has opted to settle the dispute under the said scheme. Accordingly, we dismiss the present appeal filed by the revenue.

In the result, the appeal of the revenue is dismissed.

Kolkata, the 21st February, 2025.

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