POONA DAL AND BESAN MILSS PRIVATE LIMITED, PUNE V. ACIT CENTRAL CIRCLE 2(10, PUNE

ITA 11/PUN/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 7860 (ITAT-PUNE)
• Duration Of Justice: 7 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-08-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 02-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B , PUNE VIRTUAL COURT BEFORE SH RI P.M. JAGTAP , VICE PRESIDENT (K/Z) AND SH RI S.S. VISWANETHRA RAVI , J UDICIAL MEMBER ITA NO. 1 1 /PUN/20 20 / ASSESSMENT YEAR : 2011 - 12 POONA DAL AND BESAN MIL LS PVT. LTD., 71/A, INDUSTRIAL ESTATE, HADAPSAR, PUNE 411013 PAN : A ABCP29 49M VS. ACIT, CENTRAL CIRCLE - 2(1), PUNE APPELLANT RESPONDENT / ORDER PER P.M. JAGTAP , VP : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD. CIT ( A ) - 12 , PUNE , DATED 28 . 1 0.20 19 . 2. THE ASSESSEE COMPANY HAS FILED A LETTER IN THIS CASE DATED 21.08.2020 STATING THAT IT HAS DECIDED TO SETTLE THE DISPUTE INVOLVED IN THIS APPEAL UNDER THE DIRECT TAX VIVAD SE VISHWAS SCHEME, 2020. AS THE ASSESSEE HAS DULY FILED THE DECLARATIONS / IN FORM NO.1 AND FORM NO.2, BUT THE DESIGNATED AUTHORITY HAS NOT ISSUED CERTIFICATE IN FORM NO.3 AS PER SECTION 5(1 ) OF THE SAID SCHEME SO FAR, DETERMINING THE TAX PAYABLE BY THE ASSESSEE UNDER THE SAID SCHEME. 3. KEEPING IN VIEW THE FACTS STATED ABOVE INCLUDING ESPECIALLY THE FACT THAT THE ASSESSEE HAS DULY COMPLIED WITH ALL NECESSARY REQUIREMENTS UNDER THE VIVAD S E VISHWAS SCHEME, 2020, WE PERMIT THE ASSESSEE TO WITHDRAW THIS APPEAL AND DISMISS THE SAID APPEAL WITH A LIBERTY TO THE ASSESSEE THAT IN CASE THERE IS ANY PROBLEM IN ISSUANCE OF CERTIFICATE IN A SSESSEE BY SHRI SUHAS BORA RE VENUE BY SHRI ALOK MALVIYA, ADDL.CIT DATE OF HEARING 2 6 - 0 8 - 2020 DATE OF PRON OUNCEMENT 26 - 0 8 - 2020 ITA NO . 1 1 /PUN/ 20 20 POONA DAL AND BESAN MILLS PVT. LTD 2 FORM NO.3 BY THE DESIGNATED AUTHORITY OR ANY SUCH OTHER SITUAT ION MAKING THE ASSESSEE NOT ELIGIBLE TO OPT FOR THE VIVAD SE VISHWAS SCHEME, 2020, IT WILL HAVE THE LIBERTY TO APPROACH THIS TRIBUNAL WITH A REQUEST FOR RESTORATION OF THIS APPEAL. 4 . IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE O PEN COURT ON 26 TH AUGUST , 2020 SD/ - SD/ - ( S.S. VISWANETHRA RAVI ) ( P.M. JAGTAP ) JUDICIAL MEMBER VICE PRESIDENT PUNE ; DATED : 26 TH AUGUST , 2020 GCVSR / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT (A) - 1 2 , PUNE 4 . 5. THE PR. CIT (CENTRAL) , PUNE DR B BENCH , ITAT, PUNE 6 . / GUARD FILE / BY ORDER, / / TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE