BATLIVALA & KARANI CAPITAL (P) LTD.,KOLKATA vs. ACIT, CIR.5(2), KOLKATA

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ITA 2348/KOL/2019Status: DisposedITAT Kolkata12 January 2021AY 2009-102 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The tribunal dismissed the appeal as withdrawn with a condition. The appeal would be restored if the assessee's application under the 'Vivad Se Vishwas Scheme-2020' is not approved by the authorities.

What were the facts?

The assessee filed an appeal before the ITAT. The assessee then informed the tribunal that they are availing the 'Vivad Se Vishwas Scheme-2020' and requested an adjournment or protection for their appeal.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme, with a provision for restoration.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘A’ BENCH, KOLKATA

Before: Sri J. Sudhakar Reddy & Sri S.S. Godara

Appearances by: Sh. Subash Agarwal, Adv., appeared on behalf of the Assessee. Sh. Dhrubajyoti Ray, JCIT, appeared on behalf of the Revenue. Date of concluding the hearing : December 10th, 2020 Date of pronouncing the order : January 12th, 2021 ORDER Per J. Sudhakar Reddy, AM:

This appeal filed by the assessee is directed against the order of the Learned Commissioner of Income Tax (Appeals)-2, Kolkata, [hereinafter the “CIT(A)”], passed u/s. 250 of the Income Tax Act, 1961 (the ‘Act’), dated 22.08.2019 for the Assessment Year 2009-10.

2.

The ld. Counsel for the assessee submitted that the assessee is availing the “Vivad Se Vishwas Scheme-2020” and has filed an application in this regard. He wanted an adjournment or in the alternative pleaded for protection that, if its application under the scheme is rejected by the authorities, the appeal may be restored. He submitted that if such an assurance is recorded in the order, he would withdraw this appeal before the Tribunal. The ld. DR had no objection.

3.

After hearing rival contentions, we dismiss this appeal as withdrawn with the condition that the same shall be restored in case the authorities do not approve the application filed by the assessee for resolution of the dispute under “Vivad Se Vishwas Scheme-2020”.

Assessment Year: 2009-10 M/s. Batlivala & Karani Capital (P) Ltd.

4.

In the result, appeal of the assessee is dismissed as withdrawn. Kolkata, the 12th January, 2021. Sd/- Sd/- [S.S. Godara] [J. Sudhakar Reddy] Judicial Member Accountant Member Dated: 12.01.2021 Bidhan (P.S.) Copy of the order forwarded to:

1. 1. M/s. Batlivala & Karani Capital (P) Ltd., 7, Lyons Range, Room No. 3 & 4, Kolkata Stock Exchange, Kolkata-700 001.

2. ACIT, Circle-5(2), Kolkata.

3. CIT(A)-2, Kolkata. (sent through mail) 4. CIT- 5. CIT(DR), Kolkata Benches, Kolkata. (sent through mail)

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