Smt. Rakhi Jain, Damoh V. Income Tax Officer, Damoh

ITA 150/JAB/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2897 (ITAT-JABALPUR)
• Duration Of Justice: 2 year(s) 11 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 13-07-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SWATI AGGARWAL
• Assessee Lawyers: H S MODH
• Section: 271(1)(c)

Judgement Text

RAKHI JAIN V. INCOME TAX OFFICER ITA NO. 150/JAB/2018 (AY 2011-12) 1 IN THE INCOME TAX APPELLATE TRIBUNAL, JABALPUR BENC H, JABALPUR (SMC) (THROUGH VIDEO CONFERENCING) BEFORE SH. SANJAY ARORA, HON'BLE ACCOUNTANT MEMBER ITA NO.150/JAB/2018 ASSESSMENT YEAR: 2011-12 SMT. RAKHI JAIN, DAMOH (M.P.) [PAN: AIBPJ 2098Q] VS. INCOME TAX OFFICER, DAMOH (M.P.) (APPELLANT) (RESPONDENT) APPELLANT BY SH. H.S. MODH ADV. RESPONDENT BY MS. SWATI AGGARWAL, SR. DR DATE OF HEARING 21/06/2021 DATE OF PRONOUNCEMENT 21/06/2021 ORDER PER SANJAY ARORA, AM THIS IS AN APPEAL BY THE ASSESSEE DIRECTED AGAINST THE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS)-1, JABALPUR ( CIT (A) FOR SHORT) DATED 03/07/2018, DISMISSING THE ASSESSEES APPEAL CONTES TING THE LEVY OF PENALTY UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961 ('THE ACT' HEREINAFTER) FOR THE ASSESSMENT YEAR (AY) 2011-12 VIDE ORDER DATED 1 1/8/2014. 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY THE LD. COUNSEL FOR THE ASSESSEE, SHRI MODH, THAT THE ASSESSEE HAS OPTED FOR VIVAD S E VISWAS SCHEME, 2019 (VSV SCHEME), DEPOSITING THE REQUISITE TAX THEREUN DER WITH THE CENTRAL GOVERNMENT. THE REQUISITE CERTIFICATE UNDER THE DIR ECT TAX VIVAD SE VISWAS ACT, 2020 (DTVSV ACT) READ WITH THE RELEVANT RULE , I.E., FORM 3, HAS ALSO BEEN RECEIVED (COPY ON RECORD). THE ASSESSEE, THUS, DOES NOT INTEND TO PROSECUTE HER CAPTIONED APPEAL, BUT TO WITHDRAW THE SAME. RAKHI JAIN V. INCOME TAX OFFICER ITA NO. 150/JAB/2018 (AY 2011-12) 2 THE LD. DR, SMT. AGGARWAL, DID NOT HAVE ANY OBJECTI ON TO THE ASSESSEE WITHDRAWING ITS APPEAL UNDER THE CIRCUMSTANCES. 3. I HAVE HEARD THE PARTIES. FORM 3, SIGNIFYING THE ACCEPTANCE OF THE ASSESSEES APPLICATION UNDER THE VSV SCHEME, 2019 H AS BEEN ISSUED ON 25/5/2021. IN VIEW OF THE ASSESSEE HAVING OPTED FOR AVAILING THE BENEFITS UNDER THE DTVSV ACT, SHE HAS, IN PRINCIPLE, RELINQUISHED HER RIGHTS UNDER THE APPEAL, WHICH BECOMES UNMAINTAINABLE UNDER THE SAID ACT. TH E ASSESSEES SAID APPEAL IS, ACCORDINGLY, PERMITTED TO BE WITHDRAWN. I DECID E ACCORDINGLY. 4. IN THE RESULT, THE ASSESSEES APPEAL IS DISMISSE D AS WITHDRAWN/NOT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON JUNE 21, 2021 SD/ - (SANJAY ARORA) A CCOUNTANT MEMBER DATED: 21/06/2021 COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT: SMT. RAKHI JAIN, 4, NEMI NAGAR, DAMO H (M.P.) 2. THE RESPONDENT: INCOME TAX OFFICER, DAMOH (M.P.) 3. PR. CIT-1, JABALPUR 4. CIT(A)-1, JABALPUR 5. SR. DR, ITAT 6. GUARD FILE // TRUE COPY //