SHRI SHRI KASTURCHAND BURAD, RAIPUR (CG) V. THE DEPUTY COMMISSIONER OF INCOME TAX(CENTRAL), RAIPUR (CG)

ITA 175/BIL/2016

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 8576 (ITAT-RAIPUR)
• Duration Of Justice: 5 year(s) 1 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 11-07-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R K BARAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH, RAIPUR BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI PAWAN SINGH, JUDICIAL MEMBER ./ I.T.A. NO. 175/RPR/2016) ( [ [ / ASSESSMENT YEAR : 2012-13) SHRI KASTURCHAND BURAD C/O MAHAVIR ASHOK JEWELLER PVT. LTD., 298, NAVKAR BUILDING, HALWAI LINE, RAIPUR (C.G.) PIN: 492001 / VS. DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL), CENTRAL REVENUE BUILDING, CIVIL LINES, RAIPUR (CG) PIN : 492001 ./ ./PAN/GIR NO. : ADEPB7447H ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : NONE (WRITTEN APPLICATION DATED 09.08.2021) / RESPONDENT BY : SHRI R. K. BARAL, DR / DATE OF HEARING 11/08/2021 / DATE OF PRONOUNCEMENT 12/08/2021 / O R D E R PER PRADIP KUMAR KEDIA - AM: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-I, RAIPUR (CIT(A) IN SHORT), DATED 01.03.2016 ARISING IN THE PENALTY ORDER DATED 26.09.2014 PASSED BY THE ASSESSING OFFICER (AO) UNDER S. 271AAA OF THE INCOME TAX ACT, 1961 (THE ACT) CONCERNING AY 2012-13. 2. THE CAPTIONED ASSESSEE, AS PER WRITTEN REQUEST, HAS SOUGHT TO WITHDRAW THE APPEAL LISTED ABOVE ON THE GROUND THAT HE HAS OPTED TO ITA NO. 175/RPR/2016 (SHRI KASTURCHAND BURAD VS. DCIT) A.Y. 2012-13 - 2 - AVAIL BENEFITS OF VIVAD SE VISHWAS SCHEME, 2020 (VSV). REFERENCE WAS ALSO MADE TO WRITTEN REQUESTS IN THIS REGARD. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW THE APPEAL IN THE CIRCUMSTANCES NARRATED ON BEHALF OF THE ASSESSEE. 4. IN THE LIGHT OF WRITTEN REQUEST MADE ON BEHALF OF THE CAPTIONED ASSESSEE, THE APPEAL IS DISMISSED AS WITHDRAWN. HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHEME FOR ANY BONAFIDE REASONS, THEN THE ASSESSEE CONCERNED WILL BE AT LIBERTY TO SEEK RESTORATION OF ORIGINAL APPEAL FOR HEARING BEFORE ITAT IN ACCORDANCE WITH LAW. 5. IN THE RESULT, THE CAPTIONED APPEAL IS DISMISSED AS WITHDRAWN. SD/- SD/- (PAWAN SINGH) (PRADIP KUMAR KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER RAIPUR: DATED 12/08/2021 TRUE COPY S. K. SINHA / COPY OF ORDER FORWARDED TO:- 1. / REVENUE 2. / ASSESSEE 3. / CONCERNED CIT 4. - / CIT (A) 5. , , / DR, ITAT, RAIPUR 6. [ / GUARD FILE. BY ORDER , SR. PRIVATE SECRETARY ITAT , RAIPUR (ON TOUR) THIS ORDER PRONOUNCED IN OPEN COURT ON 12/08/2021