Nilesh Eknath Sakore., Pune V. Income-tax Officer, Ward - 7 (3), Pune

ITA 1598/PUN/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6105 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 6 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 14-10-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: IS DIRECTED AGAINS T PASSED
• Section: 5(2); 201; 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE VIRTUAL COURT BEFORE SHRI R.S. SYAL, VICE PRESIDENT . . , I TA NO. 1 598 / PUN /20 19 / ASSESSMENT YEAR : 20 09 - 10 NILESH EKNATH SAKORE S.NO.42/2, SAH AWAS BUNGLOW, 15, HARIKRUPA SOCIETY, GANESH NAGAR, WADGAON SHERI, PUNE 411014 PAN : BPFPS5663Q VS. ITO , WARD 7(3), PUNE APPELLANT RESPONDENT / ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE LD. CIT(APPEALS) - 5 , PUNE ON 19 - 06 - 201 9 IN RELATION TO THE ASSESSMENT YEAR 20 09 - 10 . 2. BEFORE ME, THE LD. AR HAS FILED A LETTER DATED 22 - 04 - 2021 SEEKING PERMISSION TO W ITHDRAW THE APPEAL AS THE ASSESSEE HAD RECEIVED FORM NO.3 UNDER VIVAD SE VISHWAS A SSESSEE BY NONE (WITHDRAWAL APPLICATION) RE VENUE BY SHRI VITTHAL BHOSALE DATE OF HEARING 23 - 04 - 2021 DATE OF PRONOUNCEMENT 23 - 04 - 2021 ITA NO. 1 598 / PUN /20 19 2 SCHEME UNDER THE DIRECT TAXES VIVAD SE VISHWAS ACT, 2020. THE RELEVANT CONTENTS OF SUCH LETTER, READ AS UNDER : HEARING OF ABOVE REFERRED APPEAL IS FIXED FOR HEARING ON 2 3.04.2021 BEFORE THE HONBLE MEMBERS OF SMC BENCH, PUNE ITAT. FURTHER, ASSESSEE HAS FILED APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IN FORM NO 1 & FORM NO 2 HAVING ACKNOWLEDGEMENT NUMBER 775172090021220 DATED 02/12/2020. FURTHER ASSES SEE RECEIVES APPROVAL FROM PCIT, PUNE 4 VIDE FORM NO 3 UNDER SUB - SECTION (1) OF SECTION 5 OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 HAVING ACKNOWLEDGEMENT NUMBER 817946780141220 DATED 14/12/2020 HAVING TOTAL DEMAND OF RS.1,21,708/ - . ASSESSEE HAS MA DE FULL PAYMENTS AS PER DEMAND AMOUNT OF FORM NO 3, AND PAID DEMAND OF RS.1,21,800/ - VIDE CHALLAN NO.01758 DATED 16/02/2021. THERE IS NO PAYMENT OUTSTANDING AS PER DEMAND RAISED IN FORM NO 3. UNDER ABOVE CIRCUMSTANCES, ASSESSEE IS HEREBY APPLYING FOR WIT HDRAWAL OF APPEAL FILED BY ASSESSEE IN FORM NO 36 BEFORE HONBLE ITAT PUNE HAVING APPEAL NUMBER ITA/1598/PUN/2019 FOR A.Y. 2009 - 10 SUBJECT TO APPROVAL FROM PCIT, PUNE IN FORM NO.5 UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 I.E. ORDER FOR FULL AND FI NAL SETTLEMENT OF TAX ARREAR UNDER SECTION 5(2) R.W.S. 6 OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020. SUBJECT TO ABOVE SUBMISSION, ASSESSEE HEREBY APPLIES TO WITHDRAW THE APPEAL PENDING BEFORE YOUR HONOUR. 3. ON PERUSAL OF THE ABOVE LETTER AND HAVING N O OBJECTION FROM THE SIDE OF LD. DR, I ALLOW THE REQUEST OF LD. AR TO WITHDRAW THE APPEAL. ITA NO. 1 598 / PUN /20 19 3 4. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 23 RD APRIL , 202 1 . SD/ - (R.S.SYAL) / VIC E PRESIDENT PUNE ; DATED : 23 RD APRIL , 2021 GCVSR / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT 3. THE CIT (APPEALS) - 5 , PUNE . 4. THE PR. CIT , PUNE - 4, PUNE . 5. , , - , / DR, ITAT, SMC BENCH, PUNE. 6. / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE ITA NO. 1 598 / PUN /20 19 4 DATE 1. DRAFT DICTATED ON 23 - 0 4 - 202 1 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 23 - 0 4 - 2021 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM 4. DRAFT DISCUSSED/A PPROVED BY SECOND MEMBER. JM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS 6. KEPT 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.