Subhash Vinayak Supnekar, Pune V. Addl. Commissioner of Income Tax, Range -2, Pune

ITA 1932/PUN/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5868 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 1 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-09-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 24-09-2020
• Assessment Year: 2008-2009
• Appeal Filed On: 14-08-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S P WALIMBE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUNE (THROUGH VIRTUAL COURT) BEFORE SHRI P.M. JAGTAP, VICE PRESIDENT AND SHRI PARTHA SARATHI CHAUDHURY, JM . / ITA NO.1932/PUN/2017 / ASSESSMENT YEAR : 2008-09 SUBHASH VINAYAK SUPNEKAR, S.NO.38/2, GUJARWADI ROAD, KATRAJ, PUNE. PAN : ACQPS5833H ....... / APPELLANT / V/S. ADDL. CIT, RANGE-2, PUNE. / RESPONDENT ASSESSEE BY : SHRI SUHAS P. BORA REVENUE BY : SHRI S. P. WALIMBE / DATE OF HEARING : 24.09.2020 / DATE OF PRONOUNCEMENT : 24.09.2020 / ORDER PER P.M. JAGTAP, VP : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD. CIT(A)-8, PUNE DATED 25.05.2017 FOR THE ASSESSMENT YEAR 2008-09. 2. AT THE TIME OF VIRTUAL HEARING, THE LD. COUNSEL FOR THE ASSESSEE HAS PRAYED FOR WITHDRAWING OF THIS APPEAL FILED BY THE ASSESSEE ON THE GROUND THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE INVOLVED THEREIN UNDER THE DIRECT TAX VIVAD SE VISHWAS SCHEME, 2020. IT IS ALSO SUBMITTED BY THE LD. COUNSEL FOR THE ASSESSEE THAT THE REQUIRED DECLARATIONS IN THE PRESCRIBED FORM NO.1 AND FORM NO.2 HAVE BEEN FILED BY THE ASSESSEE AND THE DESIGNATED AUTHORITY HAS ALSO ISSUED CERTIFICATE IN FORM NO.3, THE COPY OF WHICH IS PLACED ON RECORD. 3. THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 HAS INTRODUCED A DISPUTE RESOLUTION SCHEME, WHICH IS APPLICABLE TO ALL APPEALS/PETITIONS FILED BY THE TAX- PAYERS OR INCOME TAX DEPARTMENT, WHICH WERE PENDING UNTIL 31ST JANUARY, 2 ITA NO.1932/PUN/2017 2020 BEFORE ANY APPELLATE FORUM INCLUDING THE INCOME TAX APPELLATE TRIBUNAL. THE PROCEDURE TO AVAIL THE SAID SCHEME IS PRESCRIBED AS UNDER:- (I) FILING OF DECLARATION IN FORM 1 AND FORM 2 DECLARATION UNDER SECTION 4(1) OF THE SCHEME SHALL BE MADE IN FORM 1 CONSISTING OF THE DETAILS REGARDING THE APPEAL TO BE SETTLED. UNDERTAKING TO BE FURNISHED BY THE DECLARANT IN FORM 2 CONCERNING THE WAIVING OF HIS RIGHT TO SEEK OR PURSUE ANY REMEDY UNDER ANY LAW IS TO BE ACCOMPANIED ALONG WITH FORM 1. (II) CERTIFICATE FROM THE DESIGNATED AUTHORITY IN FORM 3 THE DESIGNATED AUTHORITY WITHIN 15 DAYS FROM THE RECEIPT OF THE DECLARATION IN FORM 1 AND FORM 2 WILL ISSUE A CERTIFICATE IN FORM 3 UNDER SECTION 5(1) OF THE SCHEME DETERMINING THE AMOUNT PAYABLE UNDER THE SCHEME. (III) PAYMENT OF TAXES AND WITHDRAWAL OF APPEAL THE DECLARANT SHALL PAY THE AMOUNT (IF NOT ALREADY PAID) AS DETERMINED IN FORM 3 WITHIN 15 DAYS FROM THE DATE OF RECEIPT OF SUCH CERTIFICATE. THE DECLARANT IS ALSO REQUIRED TO WITHDRAW THE APPEAL FOR WHICH THE DECLARATION IS FILED AFTER RECEIPT OF CERTIFICATE UNDER SECTION 5(1) OF THE SCHEME. 4. AS ALREADY NOTED, THE ASSESSEE HAS DULY FILED THE DECLARATIONS IN FORM 1 AND FORM 2 AND THE DESIGNATED AUTHORITY HAS ALSO ISSUED THE CERTIFICATE IN FORM 3 AS PER SECTION 5(1) OF THE SCHEME DETERMINING THE TAX PAYABLE BY THE ASSESSEE UNDER THE SCHEME. ON RECEIPT OF THE SAID CERTIFICATE IN FORM 3, THE ASSESSEE IS NOW SEEKING TO WITHDRAW THIS APPEAL AS REQUIRED UNDER THE SCHEME AND KEEPING IN VIEW THAT THE ASSESSEE HAS DULY COMPLIED WITH THE NECESSARY 3 ITA NO.1932/PUN/2017 REQUIREMENTS UNDER THE SCHEME, WE PERMIT THE WITHDRAWAL OF THIS APPEAL FILED BY THE ASSESSEE AND DISMISS THE SAME AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON THIS 24 TH DAY OF SEPTEMBER, 2020. SD/- SD/- ( PARTHA SARATHI CHAUDHURY ) ( P.M. JAGTAP ) JUDICIAL MEMBER VICE PRESIDENT / PUNE; / DATED : 24 TH SEPTEMBER, 2020. SUJEET / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(A)-8, PUNE. 4. THE PR. CIT-3, PUNE. 5 . , , , / DR, ITAT, A BENCH, PUNE. 6. / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE.