Madhur Shivam Agropark, V. Pr. Commissioner Of Income Tax-1,

ITA 16/JAB/2017

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 6846 (ITAT-JABALPUR)
• Duration Of Justice: 4 year(s) 10 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-03-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 14-05-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 263

Judgement Text

ITA No. 16/Jab/2017 (AY 2012-13) Madhur Shivam Agropark v. Pr. CIT 1 IN THE INCOME TAX APPELLATE TRIBUNAL, JABALPUR BENCH, JABALPUR (through Virtual Hearing) BEFORE SH. SANJAY ARORA, HON'BLE ACCOUNTANT MEMBER & SH. MANOMOHAN DAS, HON’BLE JUDICIAL MEMBER ITA No.16/JAB/2017 Assessment Year: 2012-13 Madhur Shivam Agropark, Jabalpur [PAN: AAPFM 6005Q] vs. Principal Commissioner of Income Tax- I, Jabalpur (Appellant) (Respondent) Appellant by Sh. Anil Gupta, FCA Respondent by Sh. P.K. Mishra, CIT-DR Date of hearing 17/02/2022 Date of pronouncement 16/03/2022 ORDER Per Bench This is an Appeal by the Assessee agitating the Order under section 263 of the Income Tax Act, 1961 (‘the Act’ hereinafter) dated 28/03/2017 by the Principal Commissioner of Income Tax-1, Jabalpur (‘Pr.CIT’, for short) in respect of the assessee’s assessment u/s. 143(3), dated 23/07/2014, for the Assessment Year (AY) 2012-13. 2. At the outset, Shri Anil Gupta, the ld. counsel for the assessee, would submit that the assessee seeks permission for withdrawal of the instant appeal in view of it having opted for Vivad se Vishwas Scheme 2020 (VSVS), enclosing along with Form 3 dated 02/01/2021. 3. A perusal of the record shows that the assessment pursuant to the impugned order was made on 30/12/2017, which stands appealed against by the assessee before the first appellate authority on 10/01/2018. It is this appeal ITA No. 16/Jab/2017 (AY 2012-13) Madhur Shivam Agropark v. Pr. CIT 2 which was outstanding for adjudication at the time of the assessee applying under VSVS. The assessee’s appeal against revision order becomes, under the circumstances, infructuous. Though it is not clear if the settlement of the tax dispute under reference under VsV scheme has attained finality, signified by issue of Form 5 by the competent authority under the Direct Tax VSV Act, 2020, it is clear that the assessee has opted not to litigate the matter before the appellate forums under the Act, but seek its resolution under the said Act. We, therefore, have no hesitation in, accepting the assessee’s request, to which no objection was also raised by the ld. CIT-DR during hearing, dismiss its’ appeal as infructuous. By way of abundant caution, we allow liberty to the assessee to, in case for any reason its’ application under Direct Tax VSV Act, 2020 does not reach its logical end, it may move this Tribunal for restoration of it’s instant appeal for a decision on merits. We decide accordingly. 4. In the result, appeal filed by the assessee stands dismissed as infructuous. Order Pronounced in open Court on this 16 th day of March, 2022 Sd/- sd/- (Manomohan Das) (Sanjay Arora) Judicial Member Accountant Member Dated: March 16, 2022 Copy of the Order forwarded to: 1. The Appellant: M/s Madhur Shivam Agropark, Village Sukma, Patan Road, Jabalpur (M.P.) 2. The Respondent: Principal Commissioner of Income Tax- I, Jabalpur(M.P.) 3. Income Tax Officer-1(1), Jabalpur (M.P.) 4. The CIT-DR, ITAT, Jabalpur (M.P.) 5. Guard File