DMI Dreaxmaier Manufacturing India Private Limited, Pune V. Assistant Commissioner of Income-tax, Circle - 8, Pune

ITA 1636/PUN/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4930 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 2 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 26-11-2020
• Assessment Year: 2015-2016
• Appeal Filed On: 24-10-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: CHETAN KOTARI
• Section: 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, PUN E (THROUGH VIRTUAL COURT) BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISHWANETHRA RAVI, JM . / ITA NO.1636/PUN/2019 / ASSESSMENT YEAR : 2015-16 DMI DRAEXLMAIER MANUFACTURING INDIA ..APPELLANT. PRIVATE LIMITED, GAT NO.307, GAT NO.9,11 & 12, NANEKARWADI CHAKAN, TALUKA KHED, PUNE 410501. PAN : AAECD3884A. VS. THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE 8, PUNE. ..RESPONDENT. ASSESSEE BY : SHRI CHETAN KOTARI. REVENUE BY : SHRI SHIVRAJ MOREY. / ORDER THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE DIRECTIONS OF DISPUTE RESOLUTION PANEL 3, MUMBAI DATED 27.06.2019 PA SSED U/S 144C(5) OF THE INCOME TAX ACT, 1961, IN RELATION TO THE AS SESSMENT YEAR 2015-16. 2. BEFORE US, THE ASSESSEE HAS FILED A LETTER DATED 25.12.2 020 SEEKING WITHDRAWAL OF THE APPEAL. THE RELEVANT CONTENTS OF SUCH LE TTER READS AS UNDER : THE CAPTIONED APPEAL, THAT IS PENDING ADJUDICATION BEFORE THE HONBLE ITAT, WAS FILED BY THE APPELLANT ON 24 OCTOBER 2019 , AGAINST THE FINAL ASSESSMENT ORDER PASSED BY THE ASSESSING OFFICER DA TED 26 AUGUST 2019. / DATE OF HEARING : 12.01.2021 / DATE OF PRONOUNCEMENT: 12.01.2021 2 IN THIS REGARD, THE APPELLANT WISHES TO HUMBLY SUBM IT THAT THE APPELLANT HAS OPTED FOR RESOLUTION UNDER THE PROVISIONS ENUME RATED UNDER THE VSV ACT. IN ORDER TO GIVE EFFECT OF THE PROCEEDINGS ENUMERAT ED UNDER THE VSV ACT, RULE 5 OF THE DIRECT TAX VIVAD SE VISHWAS RULES, 20 20 (THE VSV RULES), STIPULATES THAT THE APPELLANT IS LIABLE TO WITHDRAW THE GROUNDS OF APPEAL, PRIOR TO FURNISHING OF FORM 4 (INTIMATION OF PAYMEN T). THEREFORE, IN COMPLIANCE WITH THE AFORESAID RULE, T HE APPELLANT HEREBY SUBMITS THAT THE APPEAL IN ITA NO.1636/PUN/2019 FOR A.Y. 2015-16, MAY BE PERMITTED TO BE WITHDRAWN. 3. THE LD. DR DID NOT RAISE ANY OBJECTION TO THE WITHDRA WAL OF THE APPEAL FILED BY THE ASSESSEE. AS SUCH, THE ASSESSEE IS PE RMITTED TO WITHDRAW THE APPEAL. 4. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH DAY OF JANUARY, 2021. SD/- SD/- (S.S. VISHWANETHRA RAVI) (R.S. SYAL) JUDICIAL MEMBER VICE PRESIDENT / PUNE; / DATED : 12 TH JANUARY, 2021. YAMINI / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(A)-13, PUNE. 4. THE PR.CIT -5, PUNE. 5 . , , C , / DR, ITAT, C BENCH, PUNE. 6. / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE.