NORD Drive Systems Pvt.Ltd, Pune V. Assistant Commissioner of Income-tax, Circle -2, , Pune

ITA 1816/PUN/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4945 (ITAT-PUNE)
• Duration Of Justice: 10 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-10-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 22-11-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 13; 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUNE (THROUGH VIRTUAL COURT) BEFORE SHRI R.S.SYAL, VP AND SHRI PARTHA SARATHI CHAUDHURY , JM . / I TA NO. 1816 /PUN/20 19 / ASSESSMENT YEAR : 2009 - 10 NORD DRIVESYSTEMS PRIVATE LIMITED. 282/2, 283/2, PLOT NO.15, VILLAGE MANN, TALUKA - MULSHI, ADJ. HINJEWADI, MIDC, PHASE - II, PUNE - 411 057. PAN : AACCN0708R ....... / APPELLANT / V/S. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 2, PUNE. / RESPONDENT A SSESSEE BY : SHRI SHARAD SHAH REVENUE BY : SHRI DEEPAK GARG / DATE OF HEARING : 13 . 10 .2020 / DATE OF PRONOUNCEMENT : 13 .10 .2020 / ORDER PER PARTHA SARATHI CHAUDHU RY, JM : THIS APPEAL PREFERRED BY THE ASSESSEE EMANATES FROM THE DIRECTIONS OF THE LD. DISPUTE RESOLUTION PANEL (DRP) - 3, MUMBAI DATED 23.08.2019 FOR THE ASSESSMENT YEARS 2009 - 10 AS PER THE GROUNDS OF APPEAL ON RECORD. 2 ITA NO. 1816 /PUN/20 19 A.Y. 2009 - 10 2. THE LD. AR FOR THE ASSESSEE THROUGH VIDEO CONFERENCE SUBMITTED THAT THE ASSESSEE WANTS TO WITHDRAW THE GROUNDS OF APPEALS IN LIGHT OF THE ASSESSEE OPTING FOR RESOLUTION UNDER THE PROVISIONS ENUMERATED IN THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (THE VSV ACT) AND HAS FILED AN APPLICATION DATED 01.09.2020 ALONG WITH FORM - 3 & FORM - 5 IN THIS REGARD BY STATING AS FOLLOWS: THE CAPTIONE D APPEAL THAT IS PENDING ADJUDICATION BEFORE THE HONBLE ITAT WAS FILED BY THE APPELLANT ON 22 NOVEMBER, 2019 AGAINST THE FINAL ASSESSMENT ORDER PASSED BY THE ASSESSING OFFICER DATED 24 SEPTEMBER 2019. IN THIS REGARD, THE APPELLANT WISHES TO HUMBLY SUBMIT THAT THE APPELLANT HAS OPTED FOR RESOLUTION UNDER THE PROVISIONS ENUMERATED UNDER THE VSV ACT. IN ORDER TO GIVE EFFECT OF THE PROCEEDINGS ENUMERATED UNDER THE VSV ACT, RULE 5 OF THE DIRECT TAX VIVAD SE VISHWAS RULES, 2020 (THE VSV RULES), STIPULATES THA T THE APPELLANT IS LIABLE TO WITHDRAW THE GROUNDS OF APPEAL PRIOR TO FURNISHING OF FORM 4 ( INTIMATION OF PAYMENT). THEREFORE, IN COMPLIANCE WITH THE AFORESAID RULE, THE APPELLANT HEREBY SUBMITS THAT THE APPEAL IN ITA NO.1816/PUN/2019 FOR AY 2009 - 10, MAY BE PERMITTED TO BE WITHDRAWN. THE LD. DR HAS NO OBJECTION IN CASE THE ASSESSEE WISHES TO WITHDRAW THE APPEAL. HENCE, WE PERMIT THE WITHDRAWAL. APPEAL OF ASSESSEE IS DISMISSED BEING WITHDRAWN. 3 . IN THE RESULT , THE APPEAL OF ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRO NOUNCED ON 13 TH DAY OF OCTOB ER, 20 20 . SD/ - SD/ - R.S.SYAL PARTHA SARATHI CHAUDHURY VICE PRESIDENT JUDICIAL MEMBER / PUNE; / DATED : 13 TH OCTOBER , 2020. SB 3 ITA NO. 1816 /PUN/20 19 A.Y. 2009 - 10 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(APPEALS) - 13, PUNE. 4. THE PR. CIT - 5, PUNE. 5 . , , , / DR, ITAT, B BENCH, PUNE. 6 . / GUARD FILE. // TRUE COPY // / BY ORDER, / PRIVATE SECRETARY , / ITAT, PUNE . 4 ITA NO. 1816 /PUN/20 19 A.Y. 2009 - 10 DATE 1 DRAFT DICTATED ON 1 3 .10 .2020 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 13 .10 .2020 SR.PS/PS 3 DRAFT PROPOSED AND PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM 5 APPROVED DRAFT COMES TO THE SR. PS/PS SR.PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7 DATE OF UPLOADING OF ORDER SR.PS/PS 8 FILE SENT TO BENCH CLERK SR.PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE A.R 11 DATE OF DISPATCH OF ORDER