Sri Aghoreshwar Sai Developers Private Limited, Ranchi V. DCIT,Circle-1, Ranchi

ITA 14/RAN/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 6523 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 8 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-09-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2015-2016
• Appeal Filed On: 15-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH, E-COURT AT KOLKATA (BEFORE SRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER & SRI S.S. GODARA, JUDICIAL MEMBER) I.T.A. NO. 14/RAN/2019 ASSESSMENT YEAR: 2015-16 SRI AGHORESHWAR SAI DEVELOPERS PVT. LTD...................................................................APPELLANT [PAN: AAICS 7299 A] VS. DCIT, CIRCLE-1, RANCHI.............................................................................RESPONDENT APPEARANCES BY: SH. P.N. DUBEY, ADV., APPEARED ON BEHALF OF THE ASSESSEE. SH. N.S. KALKHO, JCIT, APPEARED ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : SEPTEMBER 2 ND , 2020 DATE OF PRONOUNCING THE ORDER : SEPTEMBER 16 TH , 2020 ORDER PER J. SUDHAKAR REDDY, AM : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-RANCHI, [HEREINAFTER THE CIT(A)], PASSED U/S. 250 OF THE INCOME TAX ACT, 1961 (THE ACT), DATED 19.11.2018 FOR THE ASSESSMENT YEAR 2015-16. 2. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS AVAILING THE VIVAD SE VISHWAS SCHEME AND HAS FILED AN APPLICATION IN THIS REGARD. HE WANTED AN ADJOURNMENT OR IN THE ALTERNATIVE PLEADED THAT THIS APPEAL MAY BE TREATED AS WITHDRAWN IF PROTECTION IS GIVEN THAT IF ITS APPLICATION UNDER THE SCHEME IS REJECTED BY THE AUTHORITIES, THE APPEAL MAY BE RESTORED. HE SUBMITTED THAT IF SUCH AN ASSURANCE IS RECORDED IN THE ORDER, HE WOULD WITHDRAW THIS APPEAL BEFORE THE TRIBUNAL. THE LD. DR HAD NO OBJECTION. 3. AFTER HEARING RIVAL CONTENTIONS, WE DISMISS THIS APPEAL AS WITHDRAWN WITH THE CONDITION THAT THE SAME SHALL BE RESTORED IN CASE THE AUTHORITIES DO NOT APPROVE THE 2 I.T.A. NO. 14/RAN/2019 ASSESSMENT YEAR: 2015-16 SRI AGHORESHWAR SAI DEVELOPERS PVT. LTD. APPLICATION FILED BY THE ASSESSEE FOR RESOLUTION OF THE DISPUTE UNDER VIVAD SE VISHWAS SCHEME . 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. KOLKATA, THE 16 TH SEPTEMBER, 2020. SD/- SD/- [S.S. GODARA] [J. SUDHAKAR REDDY] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 16.09.2020 BIDHAN COPY OF THE ORDER FORWARDED TO: 1. SRI AGHORESHWAR SAI DEVELOPERS PVT. LTD., SARVESHWARI, KHADGARHA LANE, BEHIND PATLIPUTRA DAL MILL, RATU ROAD, NEAR SUKHDEO NAGAR THANA, RANCHI, JHARKHAND-834 005. 2. DCIT, CIRCLE-1, RANCHI. 3. CIT(A)-RANCHI. 4. CIT- 5. CIT(DR), RANCHI BENCH, RANCHI. TRUE COPY BY ORDER SENIOR PRIVATE SECRETARY ITAT, KOLKATA BENCHES