Commissioner Of Income Tax, Kolkata-15, Kolkata v. Sachin A Mehta

Serial No. OD - 5 & 6 HIGH COURT AT CALCUTTA (ORIGINAL SIDE) ITA/22/2015 & Cross Objection No: OCO/3/2015 (Through Video Conferencing) COMMISSIONER OF INCOME TAX, KOLKATA - 15, KOLKATA ....Appellant(s) Through: Mr. Manabendra Nath Bandyopadhyay, Advocate v/s SACHIN A MEHETA ....Respondent(s) Through: Mr. Ananda Sen, Advocate Mr. Siddharth Das, Advocate (VC) ...for cross objection Coram : HON'BLE MR. RAJESH BINDAL, CHIEF JUSTICE (ACTING) HON'BLE MR. JUSTICE RAJARSHI BHARADWAJ, JUDGE

O R D E R

1.

The revenue has filed the present appeal against the order dated 31st May, 2017 passed by the Income Tax Appellate Tribunal "A" Bench Kolkata in IT (SS)A No. 82/Kol/2013 for the assessment year 2009-10. 2.

Learned counsel for the appellant submits that the amount of income tax involved in the present appeal is less than ₹ one crore. The same being below the minimum limit prescribed for filing or pursuing of appeals in the High Court vide Circular No.17/2019 F.No.279/Misc.142/2007ITJ(Pt.) issued by the Government of India, Ministry of Finance, Department

of Revenue, Central Board of Direct Taxes, Judicial Section dated August 8, 2019, he may be permitted to withdraw the present appeal. 3.

Learned Counsel for the applicant in Cross-Objections submitted that the assessee may be permitted to withdraw the Cross-Objections filed by him, as he has settled the dispute under Vivad Se Vishwas Scheme, 2020, even Form - 4 has also been issued.

4.

In view of the aforesaid stand taken by the parties the appeal as well as Cross Objections, are dismissed as withdrawn, however, keeping open the questions of law raised therein.

(RAJARSHI BHARADWAJ) JUDGE (RAJESH BINDAL) CHIEF JUSTICE (ACTING) KOLKATA 04.08.2021 GH/TO Bench ID - 174068