M/S JINDAL VINIMAY PVT. LTD.,KOLKATA vs. ITO, WARD-4(2), KOLKATA, KOLKATA

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ITA 1480/KOL/2016Status: DisposedITAT Kolkata15 January 2021AY 2008-092 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 condoned the delay in filing the appeal. Considering the assessee's opting for the Vivad Se Vishwas scheme and the issuance of Form 3, the appeal was allowed to be withdrawn.

What were the facts?

The assessee filed an appeal for AY 2008-09 which was time-barred by 28 days. The assessee subsequently opted for the Direct Tax Vivad Se Vishwas Act and obtained Form No. 3.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, KOLKATA

Before: Shri P.M. Jagtap(KZ) &Shri A. T. Varkey, JM]

Pronounced: 15.01.2021

ORDER Per Bench: This appeal has been preferred by the assessee against the order of the Ld.CIT(A)-6, Kolkata dated 11.03.2016 for AY 2008-09. Appeal of appeal is time barred by 28 days. After perusing the condonation petition, we condone the delay and admit the appeal for hearing.

2.

None appeared on behalf of the assessee. At the outset, it is noticed from the letter of the Ld. AR of the assessee Shri I. P. Bansal dated 12.01.2021 that the assessee had filed Form 1 and 2 under the Direct Tax Vivad Se Vishwas Act in respect of all these appeals 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 2008-09, 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 allow the assessee to withdraw the impugned appeal.

Jindal Vinimay Pvt. Ltd. AY 2008-09

3.

In the result, the appeal of assessee is dismissed as withdrawn.

Order is pronounced in the open court.

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