Onkar Dies Pvt.Ltd, Pune V. Assistant Commissioner of Income-tax, Circle -10, Pune

ITA 1566/PUN/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5701 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 6 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 28-09-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: ARISE OUT OF DATED PASSED

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH , A PUNE VIRTUAL COURT BEFORE SH RI R.S. SYAL, VICE PRESIDENT AND SH RI S.S.VISWANETHRA RAVI , J UDICIAL MEMBER . / ITA NO. 1 566 / PUN /20 18 / ASSESSMENT YEAR : 20 1 0 - 11 ONKAR DIES PRIVATE LIMITED, REGD OFFICE J - 140, MIDC, BHOSARI, PUNE 411 026 PAN : AAACO6738L VS. A CIT, CIRCLE - 10, PUNE APPELLANT RESPONDENT / ORDER TH IS APPEAL BY THE ASSESSEE ARISE OUT OF THE ORDER DATED 09 - 05 - 2018 PA SSED BY THE CIT (A) - 8, PUNE IN RELATION TO THE ASSESSMENT YEAR 20 1 0 - 11 . 2. BEFORE US, THE AR OF THE ASSES SEE HAS A FILED LETTER DATED 20 - 04 - 2021 SEEKING WITHDRAWAL OF TH E APPEAL. THE RELEVANT CONTENTS OF SUCH LETTER READ S AS UNDER : WE HAVE FILED AN APPEAL BEFORE YOUR AUGUST BENCH ON 28 - 09 - 2018 FOR A.Y. 2010 - 11 AGAINST THE ORDER U/S.250(6) PASSED BY CIT APPEALS - 8, PUNE IN RESPECT OF THE ABOVE NAMED APPELLANT. HOWEVER WE HAVE FILED FORM NO.1 ON 11/07/2020 UNDER VIVAD SE VISHWAS SCHEME ALONG WITH NECESSARY UNDERTAKING AND WE HAVE RECEIVED THE FORM - 3 AND ACCORDINGLY WE HAVE PAID RS.1,83,895/ - BY WAY OF ADJUSTMENT OF EXCESS PAYMENT OF RS.7,34,579/ - VIDE CHALLAN NO.7150 PAID W ITH BSR CODE 0004329 RS.7,34,579/ - ON 6 TH OCTOBER 2020 AND THE NET REFUND DUE TO THE APPELLANT IS RS.5,50,684/ - . THUS THE APPELLANT HAS NO GRIEVANCE AGAINST THE DEPARTMENT. ASSESSEE BY NONE (WITHDRAWAL APPLICATION) REVENUE BY SHRI MAHADEVAN A.M. KRISH A NAN DATE OF HEARING 27 - 04 - 2021 DATE OF PRONOUNCEMENT 27 - 0 4 - 2021 ITA NO . 1 566 /PUN/ 20 18 ONKAR DIES PVT. LTD., 2 IN THE CIRCUMSTANCES I REQUEST YOUR HONOUR TO ALLOW ME TO WITHDRAW THE SAID APPEA L SO THAT I CAN SUBMIT FORM NO.4 AS PER THE SAID SCHEME . 3. THE LD. DR DID NOT RAISE ANY OBJECTION TO THE WITHDRAWAL OF THE APPEAL FILED BY THE ASSESSEE. AS SUCH, THE ASSESSEE IS PERMITTED TO WITHDRAW THE APPEAL. 4. IN THE RESULT, THE APPEAL IS DI SMISSED AS WITHDRAWN. O RDER PRONOUNCED IN THE OPEN COURT ON 27 TH APRIL , 2021 . SD/ - SD/ - ( S.S.VISWANETHRA RAVI ) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT PUNE ; DATED : 27 TH APRIL , 2021 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT (A) - 8, PUNE 4. 5. 6. THE P CIT - 5, PUNE DR, ITAT, A BENCH, PUNE / GUARD FILE . / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE ITA NO . 1 566 /PUN/ 20 18 ONKAR DIES PVT. LTD., 3 DA TE 1. DRAFT DICTATED ON 27 - 04 - 2021 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 27 - 04 - 2021 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS 6. KEP T FOR PRONOUNCEMENT ON SR.PS 7. DATE OF UPLOADING ORDER SR.PS 8. FILE SENT TO THE BENCH CLERK SR.PS 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK 10. DATE ON WHICH FILE GOES TO THE A.R. 11. DATE OF DISPATCH OF ORDER.