M/S M/S SHRI SAI CONSTRTUCTION COMPANY, KORBA(CG) V. THE DY. COMMISSIONER OF INCOME TAX,CIRCLE, KORBA(CG)

ITA 194/BIL/2016

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 8736 (ITAT-RAIPUR)
• Duration Of Justice: 5 year(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 15-07-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: NARESH CHANDRA GUPTA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH, RAIPUR BEFORE SHRI PRADIP KUMAR KEDIA, HON'BLE ACCOUNTANT MEMBER & SHRI N.K. CHOUDHRY, HONBLE JUDICIAL MEMBER I.T.A. NO. 194 / RPR /201 6 (ASST. YEAR : 200 9 - 1 0) M/S. SHRI SAI CONSTRUCTION COMPANY , PLOT NO.3, INDIRA COMMERCIAL COMPLEX, T.P.NAGAR, KORBA, KO R B A (CG) VS. D CIT, CIRCLE , KORBA . PAN NO. ABHFS 4008 C (APPLICANT) (RESPONDENT) ASSESSEE BY : SHRI NARESH CHANDRA GUPTA , ADV. DEPARTMENT BY : SHRI SANJAY KUMAR , A D. CIT DR DATE OF HEARING : 28 / 07/2021 . DATE OF PRONOUNCEMENT : 28 / 07/2021 . O R D E R PER N.K. CHOUDHRY, JUDICIAL MEMBER: THIS APPEAL HAS BEEN PREFERRED BY THE ASSESSEE AGAINST THE ORDER DATED 30/03/2016 IMPUGNED HEREIN PASSED BY THE L D. COMMISSIONER OF INC OME TAX (APPEALS) [FOR SHORT, L D. COMMISSIONER], BILASPUR U/SEC. 250(6) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE 'ACT') FOR THE A.Y. 2009 - 1 0 . 2. THE A SSESSEE HA S PREFERRED AN APPLICATION UNDER CONSIDERATION DATED 30/06/2021 FOR WITHDRAWAL OF THE APPEAL. 3. DUR ING THE COURSE OF HEARING, L D. COUNSEL FOR THE A SSESSEE HAS SUBMITTED THAT SINCE A SSESSEE HA S AVAILED THE IMMUNITY SCHEME I.E . 2 ITA NO. 194 /RPR /20 16 ( M/S. SHRI SAI CONSTRUCTION COMPANY ) VIVAD SE VISHWAS UNDER T HE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 AND T HE INCOME TAX DEPARTMENT HAS ISSUED FORM NO.3 , DATED 13/03/2021 IN RESPONSE TO THE APPLICATION FILED BY THE A SSESSEE UNDER THE SCHEME, THEREFORE APPEAL OF THE A SSESSEE MAY BE ALLOWED TO BE DISMISSED AS WITHDRAWN WITH LIBERTY TO SEEK RECALL OF THE ORDER IN CASE ANY UNFORESEEN CIRCUMSTANCES WOULD ARISE IN FUTURE. 4. THE LD. DR RAI SED NO OBJECTION, IF THE APPEAL OF THE A SSESSEE IS ALLOWED TO BE DISMISSED AS WITHDRAWN. 5. HAVING HEARD BOTH THE PART IES AND PERUSED THE APPLICATION FOR WI THDRAWAL OF THE APPEAL AND FORM NO. 3 (COPY ALREADY ON RECORD) ISSUED BY THE DEPARTMENT. CONSIDERING THE FACT S AND CIRCUMSTANCES OF THE CASE , THE APPEAL OF ASSESSEE IS LIABLE TO BE DISMISSED AS WITHDRAWN WITH LI BERTY TO SEEK RECALL OF THE ORDER AS PRAYED FOR IN ACCORDANCE WITH LAW, HENCE ORDERED ACCORDINGLY. 6. IN THE RESULT, APPEAL OF THE ASSESSEE STANDS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT ON THIS 28 TH DAY OF JULY , 2021 . SD/ - SD/ - (PRADIP KUMAR KEDIA) (N.K. CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 28 TH JULY , 20 21 . VR/ - 3 ITA NO. 194 /RPR /20 16 ( M/S. SHRI SAI CONSTRUCTION COMPANY ) COPY TO: 1. THE ASSESSEE - M/S. SHRI SAI CONSTRUCTION COMPANY, PLOT NO.3, INDIRA COMMERCIAL COMPLEX, T.P.NAGAR, KORBA, KORBA . 2. THE REVENUE D CIT, CIRCLE , KORBA . 3. LD. CIT(A), BILASPUR (CG) . 4. CIT, BILASPUR (CG) . 5. THE D.R., RAIPUR. 6. GUARD FILE. BY ORDER SR. PRIVATE SECRETARY, ITAT, RAIPUR (ON TOUR).