Mahendra Vishwanath Kshatriya, Nashik V. Assistant Commissioner of Income tax, Nashik

ITA 1095/PUN/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6650 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 8 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 29-12-2020
• Assessment Year: 2013-2014
• Appeal Filed On: 03-05-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUN E (THROUGH VIRTUAL COURT) BEFORE SHRI WASEEM AHMED, AM AND SHRI PARTHA SARATHI CHAUDHURY, JM . / ITA NO.1095/PUN/2017 / ASSESSMENT YEAR : 2013-14 SHRI MAHENDRA VISHWANATH KSHATRIYA, ....... / APPELLANT 178, HIRAWADI, PANCHAWATI, NASHIK 422 003. PAN : ACNPK0493J. / V/S. THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE 1, NASHIK. / RESPONDENT ASSESSEE BY : NONE. (WITHDRAWAL APPLICATION FILED). REVENUE BY : SHRI SUDHENDU DAS. / DATE OF HEARING : 29.01.2021 / DATE OF PRONOUNCEMENT : 29.01.2021 / ORDER PER BENCH : THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) 1, NASHIK DATED 16.0 2.2017 FOR THE ASSESSMENT YEAR 2013-14. 2. BEFORE US, THE APPELLANT FILED A LETTER DT.28.01.2021 S EEKING PERMISSION TO WITHDRAW THE APPEAL ON THE GROUND THAT THE ISSUE INV OLVED IN THIS APPEAL STANDS SETTLED UNDER THE VIVAD SE VISHWAS SCHEME, 2020 AND THE SAID APPLICATION IS IN PROCESS AND IS WAITING FOR ACCEPTANCE OF TH E SAME. THE ASSESSEE DID NOT GET FORM 3 FROM THE RESPONDENT. THE ASSESSEE IS READY TO 2 WITHDRAW THE APPEAL UNDER THE CIRCUMSTANCES IF A CONDITION AL ORDER IS PASSED TO THAT EFFECT. 3. THE LD. DR HAS NO OBJECTION IN CASE THE ASSESSEE WISH ES TO WITHDRAW THE APPEAL. 4. IN VIEW OF THE REQUEST MADE BY THE ASSESSEE, WE PE RMIT THE ASSESSEE TO WITHDRAW THE APPEAL. HOWEVER, IF THE RESPONDENT DEPARTME NT DISAPPROVES THE APPLICATION OF THE ASSESSEE FILED UNDER VIVAD SE VISHWAS SCHEME, THE ASSESSEE IS AT LIBERTY TO FILE AN APPLICATION TO RESTORE THE APPEAL BEFORE THIS TRIBUNAL. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAW N. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 29 TH DAY OF JANUARY, 2021. SD/- SD/- (PARTHA SARATHI CHAUDHURY) (WASEEM AHMED) / JUDICIAL MEMBER / ACCOUNTANT MEMBER / PUNE; / DATED : 29 TH JANUARY, 2021. YAMINI / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(A)-1, NASHIK. 4. THE PR.CIT-1, NASHIK. 5. , , , / DR, ITAT, B BENCH, PUNE. 6. ! / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE.