Arvind Kumar Mishra, Sonebhadra V. ITO, Ward - 3(5), Sonebhadra

ITA 142/VNS/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 4370 (ITAT-VARANASI)
• Duration Of Justice: 2 year(s) 9 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-04-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2015-2016
• Appeal Filed On: 08-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL CIRCUIT BENCH, VARANASI BEFORE SHRI.VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ITA No. 142/Vns/2019 Assessment Year:2015-16 Sri Arvind Kumar Mishra, House No.2 Ward No.6, Main Bazar, Obra, Sonebhadra,U.P. v. Income Tax Officer, Ward-3(5), Sonebhadra,U.P. PAN:BBCPM 9481R (Appellant) (Respondent) Appellant by: None (Written Application dated 17.04.2022 filed by Counsel, Shri Praveen Godbole) Respondent by: Shri A.K. Singh, Sr.DR Date of hearing: 19.04.2022 Date of pronouncement: 19.04.2022 O R D E R PER SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER: This is assessee’s appeal for Assessment Year 2015-16 against the appellate order dated 11.04.2019 passed by ld. Commissioner of Income- tax(Appeals), Allahabad.This appeal was heard in open court hearing in physical mode. 2. The registry has placed before Division Bench, the written application dated 17.04.2022 (placed on record in file) , filed by Counsel of the assessee ITA No.142/Vns/2019 Assessment Year: 2015-16 Sri Arvind Kumar Mishra 2 namely Mr. Praveen Godbole, stating/averring in the said written application that the assessee opted under Vivad Se Vishwas Scheme , 2020 , and Form No. 5 has already been issued by the Competent Authority. The Form No.5 and also application praying for withdrawal of the appeal filed by the ld. Counsel namely Mr. Parveen Godbole, are reproduced below: ITA No.142/Vns/2019 Assessment Year: 2015-16 Sri Arvind Kumar Mishra 3 ITA No.142/Vns/2019 Assessment Year: 2015-16 Sri Arvind Kumar Mishra 4 ITA No.142/Vns/2019 Assessment Year: 2015-16 Sri Arvind Kumar Mishra 5 3. Ld. Sr. DR has no objection if the appeal of the assesseeis dismissed as withdrawn 4. Keeping in view the contention made by the ld counsel for the assessee through written application, which is placed on record in appeal file, whereas it is stated that the assessee has opted for VSVS scheme, 2020 and Form-5 has already been issued by the Department , and Department also not raising any objection if the appeal of the assessee is dismissed as withdrawn , therefore, we dismiss the appeal of the assessee as withdrawn. Thus, the appeal of the assessee in ITA no. 142/Vns/2019, for ay: 2015-16, stand dismissed as being withdrawn. However, if at any time, it is found that the appeal was not covered under VSVS scheme 2020, we give liberty to both the parties to file MA for recall of this order. We order accordingly. 5. In the result, the appeal of the assessee in ITA No. 142/Vns/2019 for ay: 2015-16 is dismissed as withdrawn. Order pronouncedin Open Court on 19.04.2022at Varanasi, U.P. , at conclusion of the hearing. Sd/- ..Sd/- [VIJAY PAL RAO] [RAMIT KOCHAR] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 19/04/2022 Aks/- Copy forwarded to: 1. Appellant –ShriArvind Kumar Mishra, House No.2 Ward No.6, Main Bazar, Obra, Sonebhadra 2. Respondent2.–Income Tax Officer, Ward-3(5),Sonebhadra, U.P. 3. The Sr.DR, ITAT, Varanasi, U.P. ITA No.142/Vns/2019 Assessment Year: 2015-16 Sri Arvind Kumar Mishra 6 4. The CIT, Varanasi Sr. Private Secretary