DCIT(IT), CIRCLE - 2(1), KOLKATA, KOLKATA vs. M/S. STEEL PLUS LIMITED, KOLKATA

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ITA 2193/KOL/2017Status: DisposedITAT Kolkata08 January 2021AY 2009-102 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 condoned the delay in filing the revenue's appeal. Considering the assessee's opting for the Vivad Se Vishwas scheme and the issuance of Form 3, the appeal was dismissed.

What were the facts?

The revenue filed an appeal against the CIT(A)'s order, which was time-barred by 8 days. The assessee had opted for the Direct Tax Vivad Se Vishwas Act scheme for the relevant assessment year.

What were the issues?

Whether an appeal filed by the revenue should be dismissed when the assessee has opted for the Vivad Se Vishwas scheme for the relevant assessment year.

Which sections of the Income-tax Act were involved?

Direct Tax Vivad Se Vishwas Act

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH: KOLKATA

Before: Shri J. Sudhakar Reddy, AM & Shri A. T. Varkey, JM]

Pronounced: 08.01.2021

ORDER Per Bench: This is an appeal preferred by the revenue against the order of Ld. CIT(A)- 22, Kolkata dated 11.07.2017 for AY 2009-10. This appeal of revenue is time barred by 8 days and condonation petition has been filed by the revenue. After considering the condonation petition, we condone the delay and admit the appear for hearing.

2.

At the outset, Ld. AR of the assessee submitted that the assessee had filed Form 1 and 2 under the Direct Tax Vivad Se Vishwas Act in respect of this appeal and the competent authority has issued form no. 3, a copy of the said letter along with Form No. 3 is available in file, which is before us. Therefore, taking into consideration the fact that since the assessee has opted for the Scheme for the AY 2009-10, there is no point in keeping the impugned appeal pending. In the light of the aforesaid discussion and the fact that assessee has opted for the said scheme and Form 3 has been issued by the Department, therefore, we dismiss the impugned appeal of the revenue.

3.

In the result, the appeal of revenue is dismissed. Order is pronounced in the open court.

Sd/-(J.S. Reddy) Sd/- (A. T. Varkey) Accountant Member Judicial Member Dated: 08.01.2021 1 | P a g e Steel Plus Ltd., A.Y. 2009-10 JD, Sr. PS Copy of the order forwarded to:

1. 1. Appellant- DCIT (IT), Circle-2(1), Kolkata.

2. Respondent – M/s Steel Plus Ltd., GN-37B, Sector V, Salt Lake, Kolkata-700 091.

3. The CIT(A)- 22, Kolkata (sent through e-mail) 4. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)

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