Diamond Roadways, Jamshedpur V. ACIT, Jamshedpur

ITA 138/RAN/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0148 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 9 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 25-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: CHINMAYA ANURANGABAKAR
• Assessee Lawyers: N O N E

Judgement Text

ITA NO. 138 & 139/RAN/2019 ASS ESSMENT YEAR: 2014-2015 & 2015-2016 DIAMOND ROADWAYS, JAMSHEDPUR 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA-RANCHI E-COURT, KOLKATA BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER I.T.A. NOS. 138 & 139/RAN/2019 ASSESSMENT YEAR: 2014-2015 & 2015-2016 DIAMOND ROADWAYS,.................................. ........................... APPELLANT MOHAN COMPLEX, 5,, NEW KALIMATI ROAD, SAKCHI, JAMSHEDPUR [PAN:AACFD6017E] -VS.- ASSISTANT COMMISSIONER OF INCOME TAX,.............. .............. RESPONDENT CIRCLE-1, JAMSHEDPUR APPEARANCES BY: N O N E, APPEARED ON BEHALF OF THE ASSESSEE SHRI CHINMAYA ANURANGABAKAR, JCIT, SR. D.R. , APPEARED ON BEHALF OF THE REVENUE DATE OF CONCLUDING THE HEARING : DECEMBER 28, 2020 DATE OF PRONOUNCING THE ORDER : DECEMBER 28, 2020 O R D E R THESE APPEALS FILED BY THE ASSESSEE ARE DIRECTED A GAINST THE ORDERS OF LD. COMMISSIONER OF INCOME TAX (APPEALS), JAMSH EDPUR, JHARKHAND BOTH DATED 14.12.2018 FOR THE ASSESSMENT YEARS 2014 -15 & 2015-16 RESPECTIVELY . 2. NONE APPEARED ON BEHALF OF THE ASSESSEE WHEN THE CASE WAS CALLED FOR HEARING. FROM THE RECORD IT IS FOUND THAT THE A SSESSEE HAS DECIDED TO SETTLE THE DISPUTE INVOLVED IN THE SAID APPEALS UND ER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020. THE ASSESSEE ALSO STATED THA T HE HAS DULY FILED THE DECLARATIONS IN FORM NO. 1 AND FORM NO. 2 BUT THE D ESIGNATED AUTHORITY HAS NOT ISSUED THE CERTIFICATE IN FORM NO. 3 AS PER SECTION 5(1) OF THE SCHEME SO FAR DETERMINING THE TAX PAYABLE BY THE AS SESSEE UNDER THE SAME SCHEME. ITA NO. 138 & 139/RAN/2019 ASS ESSMENT YEAR: 2014-2015 & 2015-2016 DIAMOND ROADWAYS, JAMSHEDPUR 2 3. KEEPING IN VIEW THESE FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING ESPECIALLY THE FACT THAT THE ASSESSEE HAS DULY COMP LIED WITH THE NECESSARY REQUIREMENTS UNDER VIVAD SE VISHWAS SCHEME, 2020, I PERMIT THE ASSESSEE TO WITHDRAW THESE APPEALS AND DISMISS THE APPEALS WITH THE LIBERTY TO THE ASSESSEE THAT IN CASE, THERE IS ANY PROBLEM IN ISSUANCE OF THE CERTIFICATE IN FORM NO. 3 BY THE DESIGNATED AUT HORITY OR ANY OTHER SUCH SITUATION MAKING THE ASSESSEE NOT ELIGIBLE TO OPT FOR THE VIVAD SE VISHWAS SCHEME, 2020, IT WILL HAVE THE LIBERTY TO A PPROACH THIS TRIBUNAL WITH A REQUEST FOR RESTORATION OF THESE APPEALS. 4. IN THE RESULT, BOTH THE APPEALS FILED BY THE ASS ESSEE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON DECEMBER 28, 2020. SD/- (J. SUDHAKAR REDDY) ACCOUNTANT M EMBER KOLKATA, THE 28 TH DAY OF DECEMBER, 2020 COPIES TO : (1) DIAMOND ROADWAYS,MOHAN COMPLEX, 5,, NEW KALIMATI ROAD, SAKCHI, JAMSHEDPUR (2) ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, JAMSHEDPUR (3) COMMISSIONER OF INCOME TAX (APPEALS), JAMSHEDPU R, JHARKHAND; (4) COMMISSIONER OF INCOME TAX- , (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.