Patange Industries Pvt.Ltd, Pune V. Deputy Commissioner of Income tax, Pune

ITA 1006/PUN/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6653 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 9 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 21-04-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VITTHAL BHOSALE
• Assessee Lawyers: SNEHAL BOTE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUNE (THROUGH VIRTUAL COURT) BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER . / I TA NO.1006 /PUN/20 17 / ASSESSMENT YEAR : 2011 - 12 PATANGE INDUSTRIES PVT. LTD. PLOT NO.327/1, J BLOCK, MIDC, BHOSARI, PUNE - 411 026 PAN : AADCP2124N ....... / APPELLANT / V/S. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 10, PUNE. / RESPONDENT A SSESSEE BY : SHRI SNEHAL BOTE REVENUE BY : SHRI VITTHAL BHOSALE / DATE OF HEARING : 2 8 . 0 1 .2021 / DATE OF PRONOUNCEMENT : 29 .0 1 .2021 / ORDER PER PARTHA SARATHI CHAUDHU RY, JM : THIS APPEAL PREFERRED BY THE ASSESSEE EMANATES FROM THE ORDER OF THE LD. CIT(APPEALS) - 6, PUNE DATED 31.01.2017 FOR THE ASSESSMENT YEAR 2011 - 12 AS PER THE GROUNDS OF APPEAL ON RECORD. 2 ITA NO. 1006 /PUN/20 17 A.Y. 2011 - 12 2. THE LD. AR FOR THE ASSESSEE THROUGH VIDEO CONFERENCE SUBMITTED THAT THE ASSESSEE WANTS TO WITHDRAW THE GROUNDS OF APPEALS IN LIGHT OF THE ASSESSEE OPTING FOR RESOLUTION UNDER THE PROVISIONS ENUMERATED IN THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (THE VSV ACT) AND HAS FILED AN APPLI CATION DATED 27.01.2021 ALONG WITH FORM - 1 & FORM - 3 IN THIS REGARD BY STATING AS FOLLOWS: REF : PATANGE INDUSTRIES PVT. LTD. PAN :AADCP2124N APPEAL NO.1006/PUN/2017 ASSESSMENT YEAR 2011 - 12 SUB : APPLICATION FOR WITHDRAWAL OF APPEAL WITH RESPECT TO THE ABO VE REFERRED APPEAL, THE APPELLANT HAS OPTED FOR THE DIRECT TAX VIVAD SE VISHWAS ACT, 020 (DTVSV ACT) TO SETTLE THE DISPUTE PENDING BEFORE YOUR HONOURS. IN THIS REFERENCE, THE APPELLANT HAD SUBMITTED FORM 1 AND FORM 2 IN ACCORDANCE WITH RULE 3 OF THE DIRECT TAX VIVAD SE VISHWAS RULES, 2020 ( THE RULES) ON 09/12/2020. COPY OF THE SAME IS ATTACHED HEREWITH AS ANNEXURE 1 FOR YOUR HONOURS READY REFERENCE AND RECORD. FURTHER, THE DESIGNATED AUTHORITY HAS ISSUED FORM 3 IN ACCORDANCE WITH RULE 3 OF THE RULES 21/01/ 2021. COPY OF THE SAME IS ATTACHED HEREWITH AS ANNEXURE 2 FOR YOUR HONOURS READY REFERENCE AND RECORD. IN VIEW OF THE ABOVE AND IN ACCORDANCE WITH SECTION 4(3) OF THE DTVSV ACT, THE APPELLANT IS HEREBY WITHDRAWING THE CURRENT APPEAL FILED ON 21.04.2017. T HE APPELLANT UNDERTAKES THAT IT SHALL PAY/ALLOW ADJUSTMENT FOR THE ENTIRE DEMAND RAISED IN FORM 3 WITHIN THE PRESCRIBED TIME LIMIT UNDER THE DTVSV ACT. THE LD. DR HAS NO OBJECTION IN CASE THE ASSESSEE WISHES TO WITHDRAW THE APPEAL. HENCE, WE PERMIT THE WITHDRAWAL. APPEAL OF ASSESSEE IS DISMISSED BEING WITHDRAWN. 3. IN THE RESULT , THE APPEAL OF ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRO NOUNCED ON 29 TH DAY OF JANUARY , 20 2 1 . SD/ - SD/ - WASEEM AHMED PARTHA SARATHI CHAUDHURY ACCOUNTANT MEMBER JUDICIAL MEMBER / PUNE; / DATED : 29 TH JANUARY, 2021 . SB 3 ITA NO. 1006 /PUN/20 17 A.Y. 2011 - 12 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(APPEALS) - 6, PUNE. 4. THE PR. CIT - 5, PUNE. 5 . , , , / DR, ITAT, B BENCH, PUNE. 6 . / GUARD FILE. / BY ORDER, // TRUE COPY // / PRIVATE SECRETARY , / ITAT, PUNE . 4 ITA NO. 1006 /PUN/20 17 A.Y. 2011 - 12 DATE 1 DRAFT DICTATED ON 2 8 . 0 1 .202 1 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 2 8.0 1 .202 1 SR.PS/PS 3 DRAFT PROPOSED AND PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM 5 APPROVED DRAFT COMES TO THE SR. PS/PS SR.PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7 DATE OF UPLOADING OF ORDER SR.PS/PS 8 FILE SENT TO BENCH CLERK SR.PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE A.R 11 DATE OF DISPATCH OF ORDER