SHREEMATI PRATIBHA A HARISHCHANDRA, BHILAI V. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(1), BHILAI

ITA 121/RPR/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 8564 (ITAT-RAIPUR)
• Duration Of Justice: 2 year(s) 2 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 30-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S R RAO
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH, RAIPUR BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI PAWAN SINGH, JUDICIAL MEMBER ./ I.T.A. NO. 121/RPR/2019) ( [ [ / ASSESSMENT YEAR : 2013-14) SMT. PRATIBHA A HARISHCHANDRA ANUGRAH, NEAR SHILP SAGAR APARTMENT, MAITRIKUNJ, RISALI, BHILAI (C.G.) PIN: 490006 / VS. ASST. COMMISSIONER OF INCOME TAX 1 (1), 32/32 BUNGALOWS, AMDI NAGAR, HUDCO, BHILAI (CG) PIN : 490023 ./ ./PAN/GIR NO. : ABHPH0348E ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI S. R. RAO, ADVOCATE / RESPONDENT BY : SHRI AJIT KUMAR LASKAR , DR / DATE OF HEARING 12/08/2021 / DATE OF PRONOUNCEMENT 12/08/2021 / O R D E R PER BENCH: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS), RAIPUR (CIT(A) IN SHORT), DATED 03.12.2018 ARISING IN THE PENALTY ORDER DATED 26.04.2017 PASSED BY THE ASSESSING OFFICER (AO) UNDER S. 271(1)(C) OF THE INCOME TAX ACT, 1961 (THE ACT) CONCERNING AY 2013-14. 2. THE CAPTIONED ASSESSEE HAS SOUGHT TO WITHDRAW THE APPEAL LISTED ABOVE ON THE GROUND THAT ASSESSEE HAS OPTED TO AVAIL BENEFITS OF VIVAD SE VISHWAS SCHEME, 2020 (VSV). WHEN THE MATTER WAS CALLED FOR ITA NO. 121/RPR/2019 (SMT. PRATIBHA A HARISCHANDRA VS. ACIT) - 2 - HEARING, THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET HAS SUBMITTED THAT HE DOES NOT SEEK TO PURSUE THE SAID APPEAL OWING TO EXERCISE OF OPTION FOR AVAILING VSV SCHEME AND CONSEQUENTLY REQUESTED THAT HIS APPLICATION FOR WITHDRAWAL OF APPEAL MAY PLEASE BE GRANTED. REFERENCE WAS ALSO MADE TO WRITTEN REQUESTS IN THIS REGARD. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW THE APPEAL IN THE CIRCUMSTANCES NARRATED ON BEHALF OF THE ASSESSEE. 4. IN THE LIGHT OF WRITTEN/ORAL REQUEST MADE ON BEHALF OF THE CAPTIONED ASSESSEE, THE APPEAL IS DISMISSED AS WITHDRAWN. HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHEME FOR ANY BONAFIDE REASONS, THEN THE ASSESSEE CONCERNED WILL BE AT LIBERTY TO SEEK RESTORATION OF ORIGINAL APPEAL FOR HEARING BEFORE ITAT IN ACCORDANCE WITH LAW. 5. IN THE RESULT, THE CAPTIONED APPEAL IS DISMISSED AS WITHDRAWN. SD/- SD/- (PAWAN SINGH) (PRADIP KUMAR KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER RAIPUR: DATED 12/08/2021 TRUE COPY S. K. SINHA / COPY OF ORDER FORWARDED TO:- 1. / REVENUE 2. / ASSESSEE 3. / CONCERNED CIT 4. - / CIT (A) 5. , , / DR, ITAT, RAIPUR 6. [ / GUARD FILE. BY ORDER , SR. PRIVATE SECRETARY ITAT , RAIPUR (ON TOUR) THIS ORDER PRONOUNCED IN OPEN COURT ON 12/08/2021