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Income Tax Appellate Tribunal - Kolkata

Sdb Commercial Traders, Kolkata vs I.T.O.,Ward-31(1), Kolkata on 5 April, 2021

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                                                                             ITA No.1924/Kol/2019
                                                                 SDB Commercial Traders, AY 2013-14

IN THE INCOME TAX APPELLATE TRIBUNAL "C(SMC)" BENCH, KOLKATA
                  ( ी ए.टी. वक , याियक सद य)
                   [Before Shri A. T. Varkey, JM]

                               I.T.A. No. 1924/Kol/2019
                               Assessment Year:2013-14

SDB Commercial Traders                    Vs.       Income-tax   Officer,       Ward-31(1),
(PAN: AAUFS4210N)                                   Kolkata.
Appellant                                           Respondent


       Date of Virtual Hearing 05.04.2021
       Date of Pronouncement 05.04.2021
       For the Appellant          Shri Miraj D. Shah, AR
       For the Respondent         Shri Jayanta Khanra, JCIT, Sr. DR

                                          ORDER

This is an appeal preferred by the assessee against the order of Ld. CIT(A)-09, Kolkata dated 24.06.2019 for AY 2013-14.

2. At the outset, Ld. AR for the assessee Shri Miraj D. Shah submitted that the assessee has opted for Direct Tax Vivad Se Vishwas Scheme, 2020 (hereinafter, the 'scheme') and had filed Form-1 & Form-2 before the Competent Authority and is awaiting the issue of Form No. 3 from the Competent Authority. Therefore, taking into consideration the fact that since the assessee has opted for the Scheme for the AY 2013-14, there is no point in keeping the impugned appeal pending.

3. In the light of the aforesaid discussion, we treat this submission of the Ld. AR of the assessee informing the Tribunal the fact that assessee has opted for the said scheme, therefore, we allow the assessee to withdraw the impugned appeal. In case, if the competent authority as per the scheme does not accept the assessee's proposal to opt for the Vivad Se Vishwas Scheme, 2020, then the assessee is at liberty to move an application for recalling this order. With the aforesaid caveat, I allow the assessee to withdraw the captioned appeal.

SDB Commercial Traders, AY 2013-14

4. Needless to say that my aforesaid action allowing the assessee to withdraw the appeal, will not come in the way of the competent authority of Revenue to accept the assssee's said option/scheme for availing "Vivad Se Vishwas Scheme, 2020".

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

Order is pronounced in the open court.

Sd/-

(Aby. T. Varkey) Judicial Member Dated : 5th April, 2021 JD(Sr.P.S.) Copy of the order forwarded to:

1. Appellant - SDB Commercial Traders, 2, Ganesh Chandra Avenue, Kolkata-700 013.

2 Respondent - ITO, Ward-31(1), Kolkata

3. CIT(A)-9, Kolkata. (sent through e-mal)

4. CIT , Kolkata

5. DR, ITAT, Kolkata. (sent through e-mal) /True Copy, By order, Assistant Registrar