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Income Tax Appellate Tribunal, “A” BENCH: KOLKATA
Before: Shri J. Sudhakar Reddy, AM & Shri A. T. Varkey, JM]
ORDER Per Shri A. T. Varkey, JM:
This is an appeal preferred by the Assessee against the order of Ld. CIT(A)-4, Kolkata dated 25.05.2018 for Assessment year 2009-10.
At the outset the Ld. A.R for the assessee Shri S. M. Surana submitted that assessee has already filed Form No. 1 and Form No. 2 to opt for Direct Tax Vivad Se Viswas Scheme, 2020 (hereinafter, the ‘scheme’). So there is no point in keeping the appeal pending. In case if the competent authority under the scheme, does not accept the proposal of assessee to opt for the scheme, then the assessee to intimate the fact to the revenue and the revenue is at liberty to re-call this order. With this caveat we allow the plea of the assessee to withdraw the instant appeal of the Revenue.
Needless to say, this action of ours will not preclude the competent authority to accept the Form no. 1 & 2 filed by the assessee in accordance to scheme and law.
M/s Classic Flour & Food Processing Pvt. Ltd. A.Y. 2009-10 4. In the result, the appeal of the assessee is treated as dismissed being withdrawn at the instance of assessee as per the Scheme.
Order is pronounced in the open court.
Sd/- Sd/- (J.S. Reddy) (A. T. Varkey) Accountant Member Judicial Member Dated: 25.03.2021 SB, Sr. PS Copy of the order forwarded to:
Appellant- M/s Classic Flour & Food Processing Pvt. Ltd., 49/2, Singhi villa, Gariahat Road, Kolkata-700019
2. Respondent – ITO, Ward-11(4), Kolkata 3. The CIT(A)- 4, Kolkata (sent through e-mail) 4. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)