Commissioner Of Income Tax,Central-Iii, Kolkata v. M/S. Fairluck Commercial Companyltd

OD-39 ITAT/107/2010 IN THE HIGH COURT AT CALCUTTASpecial Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX,CENTRAL-III, KOLKATA -Versus- M/S. FAIRLUCK COMMERCIAL COMPANYLTD. Appearance:Mr. S. N. Dutta, Adv....for the appellant. Mr. A. K. Dey, Adv....for the respondent. BEFORE: The Hon’ble JUSTICE T.S. SIVAGNANAM -And- The Hon’ble JUSTICE HIRANMAY BHATTACHARYYA Date : 14[th] February, 2022. The Court : This appeal filed by the revenue underSection 260A of the Income Tax Act, 1961 (the ‘Act’ in brevity) isdirected against the consolidated order dated 18[th] August, 2009passed by the Income Tax Appellate Tribunal, “A” Bench, Kolkata(in short the ‘Tribunal’) in ITAT No.1491/Kol/2006 for theassessment year 2003-04. We have heard Mr. S. N. Dutta, learned counsel appearingfor the appellant/revenue and Mr. A.K. Dey, learned counsel forthe respondent/assessee. Learned counsel for the respondent/assessee submittedthat the assessee has availed the benefit to Direct Tax Vivad-se-Vishwas Scheme and Form no.V has been issued to the assessee on23[rd] December, 2021. In the light of the subsequent development, the appealneed not be pursued by the appellant/revenue. Accordingly, the appeal stands disposed of and thesubstantial question of law, suggested before us, is left open. (T.S. SIVAGNANAM, J.) (HIRANMAY BHATTACHARYYA, J.) S.DasA/s.