ACIT, C.C -2(1), KOL, KOLKATA vs. SONA VETS (P) LTD. , KOLKATA

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ITA 547/KOL/2023Status: DisposedITAT Kolkata21 January 2025AY 2012-13Bench: SRI SANJAY GARG (Judicial Member), SHRI RAKESH MISHRA (Accountant Member)2 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, due to the assessee opting for the Vivad Se Vishwas Scheme, the revenue's appeal became infructuous and the assessee's cross-objections were dismissed as withdrawn. It clarified that if the scheme application is not ultimately allowed, both parties have the liberty to seek restoration of their respective appeal/cross-objection.

What were the facts?

The revenue filed an appeal and the assessee filed a cross-objection against an order of the Ld. CIT(A) for AY 2012-13. During the proceedings, the assessee informed the Tribunal that they had availed the Vivad Se Vishwas Scheme, 2024, and deposited the due taxes.

What were the issues?

Whether the appeal and cross-objection become infructuous and liable for dismissal when the assessee avails the Vivad Se Vishwas Scheme for the relevant assessment year.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH, KOLKATA

Before: SRI SANJAY GARG & SHRI RAKESH MISHRA

For Respondent: Shri Tanmoy Kar, ACA

Vs. Sona Vets Pvt. Ltd. .............. Respondent 17 B & C, Everest House, 46C, Chowringhee Road, Kolkata-700071. (PAN: AAECS0908G) & C.O. No. 14/Kol/2023 In I.T.A. No.: 547/KOL/2023 Assessment Year: 2012-13 Sona Vets Pvt. Ltd. ……….. Cross Objector Vs. ACIT, Central Circle-2(1), Kolkata ……… Respondent Appearances: Assessee represented by: Sm. Sucheta Chattopadhyay Roy, CIT, DR Revenue represented by: Shri Tanmoy Kar, ACA Date of concluding the hearing : 21.01.2025 Date of pronouncing the order : 21.01.2025 ORDER

Per Sanjay Garg, Judicial Member:

The captioned appeal has been preferred by the revenue and the Cross Objection preferred by the assessee against the order dated 27.03.2023 of the Ld. Commissioner of Income Tax (Appeal), Kolkata-20 [hereinafter referred to as Ld. ‘CIT(A)’] u/s. 250 of the Income Tax Act, 1961 (hereinafter referred to as the “Act”) for Assessment Year (AY) 2012-13.

At the outset, Ld. Counsel for the assessee has submitted that the assessee has filed Vivad Se Vishwas Scheme, 2024 and has deposited the due

I.T.A. No.: 547/KOL/2023 & CO 14/Kol/2024 Sona Vets Pvt. Ltd., AY : 2012-13 taxes. In view of this, the appeal of the revenue has become infructuous and the Cross Objections of the assessee are dismissed as withdrawn.

However, it is made clear that if for some reasons, whatsoever, the assessee’s application for availing Vivad Se Vishwas Scheme, 2024 is not allowed then, in that event both the parties will be at liberty to get their appeal and the cross objection restored by making an application in this respect.

In the result, both the appeal of revenue as well as the cross objection of the assessee are dismissed.

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