M/S. ANJANA REAL ESTATE PRIVATE LIMITED, JAIPUR V. ITO, WARD 2(5), JAIPUR

ITA 125/JPR/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0888 (ITAT-JAIPUR)
• Duration Of Justice: 10 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 29-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MONISHA CHOUDHARYADDL CIT DHK
• Assessee Lawyers: VIKRAM KUMAR GUPTA
• Section: 22

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES SMC, JAIPUR JH LANHI XLKA ] U;KF;D LNL; ,OA JH FOE FLAG ;KNO] YS[KK LNL; DS LE{K BEFORE SHRI SANDEEP GOSAIN, JM & SHRI VIKRAM SINGH YADAV, AM VK;DJ VIHY LA -@ ITA NO. 125/JP/2020 FU/KZKJ.K O'KZ@ ASSESSMENT YEAR : 2009-10 M/S ANJANA REAL ESTATE PRIVATE LIMITED, 47, LAXMINARAYANPURI, JHOTWARA INDUSTRIAL AREA, JAIPUR-302012 (RAJASTHAN) CUKE VS. I.T.O. WARD 2(5) JAIPUR. LFKK;H YS[KK LA -@THVKBZVKJ LA -@ PAN/GIR NO.: AAFCA 4136 M VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS @ ASSESSEE BY : SHRI VIKRAM KUMAR GUPTA (CA) JKTLO DH VKSJ LS @ REVENUE BY: SMT. MONISHA CHOUDHARY(ADDL.CIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 16/12/2020 MN?KKS 'K.KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 22/12/2020 VKNS'K@ ORDER PER: SANDEEP GOSAIN, J.M. THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A)-1, JAIPUR DATED 13/12/2019 FOR THE A.Y. 2009-10. 2. THE HEARING OF THE APPEAL WAS CONCLUDED THROUGH VIDEO CONFERENCE IN VIEW OF THE PREVAILING SITUATION OF COVID-19 PANDEMIC. 3. AT THE TIME OF HEARING, THE ASSESSEE FURNISHED APPLICATION BEFORE THE BENCH FOR WITHDRAWAL OF THIS APPEAL. THE CONTENTION MADE IN THE SAID APPLICATION READS AS UNDER: ITA 125/JP/2020_ M/S ANJANA REAL ESTATE P LTD. VS ITO 2 WITH REFERENCE TO THE ABOVE, THE HEARING OF THE APPEAL IS SCHEDULED FOR 16/12/2020 IN BENCH A. THE COMPANY HAS FILED AN APPLICATION UNDER VIVAD SE VISHWAS SCHEME ON 29/05/2020 VIDE ACKNOWLEDGEMENT NO. 342289381290520. THE FORM NO. 3 HAS BEEN ISSUED BY DESIGNATED AUTHORITY U/S 5(1) DIRECT TAX VIVAD SE VISHWAS ACT, 2020 VIDE ACKNOWLEDGEMENT NO. 793858120081220 ON 08/12/2020. WE HEREBY WITHDRAW THE APPEAL BY PAYING TAX ON THE DISPUTED INCOME. THANKING YOU FOR ANJANA REAL ESTATE PVT. LTD. (ROHIT AGARWAL) DIRECTOR 4. THE LD DR HAS RAISED NO OBJECTION IF THE APPEAL OF THE ASSESSEE IS ALLOWED TO BE WITHDRAWN. 5. THEREFORE, IN VIEW OF THE FACT THAT THE ASSESSEE HAS ALREADY APPROACHED THE DEPARTMENT TO SETTLE THE MATTER UNDER VIVAD SE VISHWAS SCHEME, WE PERMIT THE ASSESSEE TO WITHDRAW HIS APPEAL. ACCORDINGLY, THE APPEAL OF THE ASSESSES IS DISMISSED AS WITHDRAWN. ITA 125/JP/2020_ M/S ANJANA REAL ESTATE P LTD. VS ITO 3 6. IN THE RESULT, THIS APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND DECEMBER, 2020. SD/- SD/- FOE FLAG ;KNO LANHI XLKA (VIKRAM SINGH YADAV) (SANDEEP GOSAIN) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 22/12/2020 *RANJAN VKNS 'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- M/S ANJANA REAL ESTATE PRIVATE LIMITED, JAIPUR. 2. IZR;FKHZ @ THE RESPONDENT- THE ITO, WARD 2(5), JAIPUR. 3. VK;DJ VK;QDR @ CIT 4. VK;DJ VK;QDRVIHY @ THE CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (ITA NO. 125/JP/2020) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR