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Income Tax Appellate Tribunal - Kolkata

Batlivala & Karani Capital (P) Ltd., ... vs Acit, Cir.5(2), Kolkata on 12 January, 2021

                               IN THE INCOME TAX APPELLATE TRIBUNAL
                                    KOLKATA 'A' BENCH, KOLKATA
                                           (Virtual Court)

(Before Sri J. Sudhakar Reddy, Accountant Member & Sri S.S. Godara, Judicial Member)
                                            I.T.A. No. 2348/Kol/2019
                                            Assessment Year: 2009-10
 M/s. Batlivala & Karani Capital (P) Ltd....................................................................Appellant
 [PAN: AABCB 7986 Q]
                                            Vs.
 ACIT, Circle-5(2), Kolkata.............................................................................................Respondent


 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 After hearing rival contentions, we dismiss this appeal as withdrawn with the condition that the same shall be restored in case the authorities do not approve the application filed by the assessee for resolution of the dispute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".

I.T.A. No. 2348/Kol/2019 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 In the result, appeal of the assessee is dismissed as withdrawn.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. 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) True copy By order Assistant Registrar ITAT, Kolkata Benches