M/S SHYAM METALICS AND ENERGY LTD.(M/S FOR AMAZING VINIMAY PVT LTD),KOLKATA vs. DCIT, CENTRAL CIR. -1(1), KOLKATA

PDF · subscribers
ITA 5/KOL/2021Status: DisposedITAT Kolkata03 February 2021AY 2012-132 pages

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

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal after being convinced of sufficient cause. The case was directed to be posted for hearing out of turn if the assessee did not avail the 'Vivad Se Vishwas Scheme'.

What were the facts?

The assessee filed an appeal against the order of the CIT(A) for AY 2012-13 with a significant delay of 503 days. The assessee intended to avail the 'Vivad Se Vishwas Scheme'.

What were the issues?

Whether the delay in filing the appeal can be condoned. The assessee's intention to avail the 'Vivad Se Vishwas Scheme' was also noted.

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 BENCH ‘B’, KOLKATA

Before: Shri J. Sudhakar Reddy, Hon’ble & Shri Sanjay Garg, Hon’ble]

order : February 3rd, 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) – 9, Kolkata, (hereinafter the “ld.CIT(A)”), passed u/s. 250 of the Income Tax Act, 1961 (the ‘Act’), dt. 28/02/2017, for the Assessment Year 2012-13.

2.

There is a delay of 503 (Five Hundred Three) days in filing of this appeal by the assessee. After perusing the petitions for condonation for delay, we are convinced that the assessee was prevented by sufficient cause in filing the appeals in time. Hence, we condone the delay and admit the appeal. The assessee intends to avail “Vivad Se Vishwas Scheme”.

3.

The registry is further directed to post the case for hearing on out of turn basis in due course in case the assessee does not avail the “Vivad Se Vishwas Scheme” and withdraw the appeal.

4.

Ordered accordingly.

1.

Kolkata, the 3rd day of February, 2021 Sd/- Sd/- [Sanjay Garg] [J. Sudhakar Reddy] Judicial Member Accountant Member Dated : 03.02.2021 {SC SPS} Copy of the order forwarded to: 1. M/s. Shyam Metalics and Energy Ltd (M/s. For Amazing Vinimay pvt. Ltd. since amalgamated) 83, 7th Floor Trinity Towers Topsia Road Kolkata – 700 046 2. Deputy Commissioner of Income Tax, Circle-1(1), Kolkata 3. CIT(A)- 4. CIT- , 5. CIT(DR), Kolkata Benches, Kolkata.

Recent GST High Court judgments

Search GST case law →