M/S. JAGAN NATH MADAN LAL, ALLAHABAD V. ITO, RANGE-1(2), ALLAHABAD

ITA 176/ALLD/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0523 (ITAT-ALLAHABAD)
• Duration Of Justice: 3 year(s) 6 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2001-2002
• Appeal Filed On: 25-08-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: PARVEEN GODBOLE

Judgement Text

IN TH E INCOME TAX APPELLATE TRIBUNAL ALLAHABAD BENCH , ALLAHABAD BEFORE SHRI. VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR , ACCOUNTANT MEMBER ITA NO.176/ALLD/2017 ASSESSMENT YEAR: 2001 - 02 M/S. JAGAN NATH MADAN LAL 48/48A, BALUAGHAT, ALLAHABAD - 211001 U.P. V. THE INCOME - TAX OFFICER RANGE 1(2 ) ALLAHABAD - 211001 , U.P. PAN: AADFJ9861D (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI PARVEEN GODBOLE , CA RESPONDENT BY: SHRI A.K.SINGH, SR. DR DATE OF HEARING: 15 . 03 . 2021 DATE OF PRONOUNCEMENT: 15 .03 .2021 O R D E R PER SHRI RAMIT KOCHAR , ACCOUNTANT MEMBER: THIS APPEAL, FILED BY ASSESSEE, BEING ITA NO. 176/ALLD/2017 , IS D IRECTED AGAINST APPELLATE ORDER DATED 11.04.2017 IN APPEAL NO. 38/ITO/R - 1(2 )/ALLD/ 08 - 09 PASSED BY LEARNED COMMIS SIONER OF INCOME TAX (APPEALS ) , ALLAHABAD, U.P.( HEREINAFTER CALLED 'THE CIT(A)'), FOR ASSESSMENT Y EAR( AY )2001 - 02 , THE APPELLATE PROCEEDINGS HAD ARISEN BEFORE LEARNED CIT(A) FROM PENALTY ORDER DATED 28.02.2006 PASSED BY LEARNED ASSESSING OFFICER (HERE INAFTER CALLED 'THE AO') U/S 271(1)(C ) OF THE INCOME - TAX ACT , 1961 (HEREINAFTER CALLED 'THE ACT') FOR AY: 2001 - 02 . WE HAVE HEARD BOTH THE PARTIES IN AN HEARING CONDUCTED IN PHYSICAL COURT AT ALLAHABAD, U.P. . 2. AT THE TIME OF HEARING BEFORE THE BENCH , THE LD. COUNSEL FOR THE ASSESSEE MR. PARVEEN GODBOLE, CHARTERED ACCOUNTANT MADE STATEMENT BEFORE THE BENCH THAT THAT THE ASSESSEE HAS APPROACHED DEPARTMENT TO SETTLE ITS OUTSTANDING TAX LIABILITIES /DISPUTES PERTAINING TO THE APPEAL , IN QUESTION , UNDER VIVAD SE VISWAS ITA NO.176/ALLD/2017 M/S JAGAN NATH MADAN LAL ASSESSMENT YEAR: 2001 - 02 2 S CHEME 2020 ( HEREINAFTER CALLED VSVS, 2020 ) . THE LD. COUNSEL FOR THE ASSESSEE FURTHER STATED BEFORE THE BENCH THAT THE DEPARTMENT HAS APPROVED APPLICATION OF THE ASSESSEE UNDER VSVS, 2020 AND ISSUED FORM NO.3 BEARING ACKNO WLEDGMENT NUMBER 279170830030321 . THE LEARNED COUNSEL FOR THE ASSESSEE HAS ALSO FILED WRITTEN LETTER DATED 15 .03.2021 ALONG WITH COPY OF FORM NO. 3 ISSUED BY DEPARTMENT UNDER VSVS, 2020 TO THE ASSESSEE AND PRAYERS ARE MADE BY LD. COUNSEL FOR THE ASSESSEE MR. PARVEEN GODBOLE, CA TO DISMISS THIS APPEAL FILED BY THE ASSESSEE ON THE GROUNDS THAT THE ASSESSEE WISH TO SETTLE THE LITIGATION WITH DEPARTMENT UNDER THE VSVS SCHEME 2020 AVAILED BY THE ASSESSEE. THE S AID LETTER WITH ENCLOSURE IS PLACED ON RECORD IN FILE. THE LD. DR DID NOT OBJECT TO DISMISSAL OF THE APPEAL FILED BY THE ASSESSEE ON THE GROUNDS THAT THE ASSESSEE IS AVAILING THE VSVS SCHEME OF THE DEPARTMENT TO SETTLE LITIGATION/DISPUTES WITH DEPARTMENT. 3. ACCORDINGLY, IN THE FACTS AND CIRCUMSTANCES OF THE CASE, WHEN THE ASSESSEE HAS MADE THE PRAYERS FOR WITHDRAWAL OF HER APPEAL FILED WITH THE TRIBUNAL ON THE GROUNDS THAT THE ASSESSEE HAS AVAILED VIVAD SE VISHWAS SCHEME, 2020 AND REVENUE HAVING CONFIRMED THE FACT OF THE SAME AS DETAILED ABOVE , THE ASSESSEE IS HEREBY ALLOWED TO WITHDRAW HIS APPEAL IN ITA NO. 176/ALL/2017 FOR AY: 200 1 - 02 , AND CON SEQUENTLY THE SAME IS DISMISSED AS BEING WITHDRAWN. WE ORDER ACCORDINGLY. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 15 /03 /2021 AT ALLAHABAD, U.P . SD/ - SD/ - [ VIJAY PAL RAO ] [ RAMIT KOCHAR ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 15 /03 /2021 COPY FORWARDED TO: ITA NO.176/ALLD/2017 M/S JAGAN NATH MADAN LAL ASSESSMENT YEAR: 2001 - 02 3 1. APPELLANT M/S. JAGAN NATH MADAN LAL 2. RESPONDENT ITO RANGE 1(2 ), ALLAHABAD, U.P. 3. CIT(A) AAYAKAR BHAWAN, CIVIL LINES, ALLAHABAD 4. CIT 5. DR - BY ORDER ASSISTANT REGISTRAR