M/s. Jogi Diamonds , Surat V. Deputy Commissioner of Income Tax, Circle-3(2), Surat

ITA 126/SRT/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7765 (ITAT-SURAT)
• Duration Of Justice: 3 year(s) 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 14-09-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANUPAMA SINGLA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JM & DR. A. L. SAINI, AM ./ITA NO.126/SRT/2017 ( [ [ / ASSESSMENT YEAR: (2012-13) (VIRTUAL COURT HEARING) M/S.JOGI DIAMONDS, 5 TH FLOOR, AKSHAR BUILDING, NANDU DOSHINI WADI, KATARGAM, SURAT- 395001 VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(2), SURAT. ./ ./ PAN/GIR NO.: AAHFJ 8317 L (ASSESSEE) (RESPONDENT) ASSESSEE BY : NONE. RESPONDENT BY : SMT. ANUPAMA SINGLA SR. DR / DATE OF HEARING : 15/01/2021 /DATE OF PRONOUNCEMENT : 15/01/2021 / O R D E R PER DR. A. L. SAINI, ACCOUNTANT MEMBER: AT THE OUTSET ITSELF, WE NOTE THAT THE ASSESSEE HAS MOVED AN APPLICATION FOR WITHDRAWAL OF APPEAL ON THE GROUND THAT THE ASSESSEE HAS ALREADY SETTLED THE DISPUTE WITH THE REVENUE UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 . A COPY OF FORM-3 UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, FILED BY THE ASSESSEE IN THE INCOME TAX DEPARTMENT ON 23.12.2020 VIDE CERTIFICATE NO.875106610231220 ISSUED BY PRINCIPAL COMMISSIONER OF INCOME TAX, SURAT-1 , WAS ALSO VERIFIED BY THE BENCH. THE ASSESSEE PRAYED FOR WITHDRAWAL OF THE APPEAL TO WHICH, THE LEARNED DEPARTMENTAL REPRESENTATIVE DID NOT RAISE ANY OBJECTION. 2. WE HAVE HEARD BOTH THE PARTIES AND GONE THROUGH FORM-3 FILED BY THE ASSESSEE TO OBTAIN THE BENEFIT OF VIVAD SE VISHWAS SCHEME AND NOTED THAT ASSESSEE HAS PRAYED FOR WITHDRAWAL OF THE APPEAL. THE LD.SR.DR FOR THE REVENUE DID NOT HAVE ANY OBJECTION IF THE SAID APPEAL IS WITHDRAWN BY THE ASSESSEE. CONSEQUENTLY, WE TREAT THIS APPEAL AS WITHDRAWN. PAGE | 2 ITA NO.126/SRT/2017 FOR A.Y.2012-13 M/S.JOGI DIAMONDS VS. DCIT, CIRCLE- 2(3), SURAT 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE (IN ITA NO.126/SRT/2017 FOR AY.2012-13) IS DISMISSED AS WITHDRAWN. ORDER IS PRONOUNCED ON 15/01/2021, AS PER RULE 34 OF INCOME TAX APPELLATE TRIBUNAL, RULE 1963. SD/- SD/- (PAWAN SINGH) (DR. A.L. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER SURAT / / DATE: 15/01/2021 / #SGR COPY OF THE ORDER FORWARDED TO 1. THE ASSESSEE 2. THE RESPONDENT 3. THE CIT(A) 4. PR.CIT 5. DR/AR, ITAT, SURAT 6. GUARD FILE BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR/SR. PS/PS ITAT, SURAT