BALAJI HUNDAI AUTO PVT LTD, MUZAFFARPUR V. ACIT, CIRCLE-1, MUZAFFARPUR

ITA 129/PAT/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5493 (ITAT-PATNA)
• Duration Of Justice: 2 year(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 12-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: INDERJEET SINGH
• Keywords: Competent authority

Judgement Text

ITA NO.129/PAT/2019 M/S BALAJI HYUNDAI AUTO PVT. LTD. A.Y. 2014-15 1 | P A GE IN THE INCOME TAX APPELLATE TRIBUNAL PATNA BENCH: PATNA HEARING AT KOLKATA [BEFORE SHRI J. SUDHAKAR REDDY, AM AND SHRI A. T. VARKEY, JM] I.T.A. NO. 129/PAT/2019 ASSESSMENT YEAR: 2014-15 BALAJI HYUNDAI AUTO PVT. LTD. (PAN: AACCB 9568 K) VS. ACIT, CIRCLE-1, MUZAFFARPUR APPELLANT RESPONDENT DATE OF HEARING (VIRTUAL) 07.05.2021 DATE OF PRONOUNCEMENT 07.05.2021 FOR THE APPELLANT NONE FOR THE RESPONDENT SHRI INDERJEET SINGH, CIT ORDER PER SHRI A. T. VARKEY, JM: THIS APPEAL PREFERRED BY THE ASSESSEE IS AGAINST THE ORDER OF LD. CIT(A)-JAMSHEDPUR DATED 02.02.2019 FOR ASSESSMENT YEAR 2014-15. 2. IT HAS BEEN INTIMATED TO US THAT THE ASSESSEE HAS OPTED FOR THE SCHEME UNDER VIVAD SE VISHWAS ACT, 2020 (HEREINAFTER THE SCHEME) AN D FILED FORM NO. 1 AND 2 BEFORE THE COMPETENT AUTHORITY AND IS AWAITING/RECEIVED FORM N O. 3. IN CASE IF THE ASSESSEE HAS RECEIVED FORM NO. 3, PURSUANT TO THE ASSESSEE OPTIN G FOR THE SCHEME THEN THE APPEAL OF THE ASSESSEE TO BE DEEMED TO HAVE BEEN AND THE APPEAL O F ASSESSEE WOULD STAND DISMISSED AS WITHDRAWN. 3. AND IN CASE IF THE COMPETENT AUTHORITY UNDER THE SCHEME HAS NOT ACCEPTED THE PROPOSAL MOVED BY THE ASSESSEE FOR SETTLEMENT UNDER THE SCHEME THEN, IT IS AT LIBERTY TO MOVE AN APPLICATION FOR RECALLING THE ORDER DISMIS SING AT AS WITHDRAWN. ITA NO.129/PAT/2019 M/S BALAJI HYUNDAI AUTO PVT. LTD. A.Y. 2014-15 2 | P A GE 4. NEEDLESS TO SAY, THAT THIS ACTION OF OURS WILL N OT PRECLUDE THE ACTION OF THE COMPETENT AUTHORITY TO ACCEPT THE PROPOSAL OF THE A SSESSEE BY ISSUING FORM NO. 3 IN ACCORDANCE TO LAW AND AS PER THE SCHEME. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TR EATED AS DISMISSED IN TERMS AS STATED SUPRA. ORDER IS PRONOUNCED IN THE OPEN COURT ON 7 TH MAY, 2021. SD/- SD/- (J.S. REDDY) (A. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 07.05.2021 SB, SR. PS COPY OF THE ORDER FORWARDED TO: 1. APPELLANT- BALAJI HYUNDAI AUTO PVT. LTD., CT MARG, KALAMBAGH ROAD, MUZAFFARPUR, BIHAR-842002 2. RESPONDENT ACIT, CIRCLE-1, MUZAFFARPUR 3. THE CIT(A)- JAMSHEDPUR 4. CIT- , JAMSHEDPUR 5. DR, PATNA BENCH, PATNA TRUE COPY BY ORDER SENIOR PRIVATE SECRETARY ITAT, KOLKATA BENCHES, KOLKATA