Mr. Abhay Jaykumar Chordia, Pune V. ACIT, Cir-13, Pune

ITA 2008/PUN/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9640 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 16-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S P WALIMBE
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUN E (THROUGH VIRTUAL COURT) BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISHWANETHRA RAVI, JM . / ITA NO.2008/PUN/2019 / ASSESSMENT YEAR : 2009-10 MR. ABHAY JAYKUMAR CHORDIA, ....... / APPELLANT TECH PARK I, E TOWER, NEAR DON BOSCO SCHOOL, YERWADA, PUNE-411006. PAN : ADNPC7223M / V/S. THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE 13, PUNE. / RESPONDENT ASSESSEE BY : NONE. (WITHDRAWAL APPLICATION FILED) REVENUE BY : SHRI S. P. WALIMBE / DATE OF HEARING : 01.01.2021. / DATE OF PRONOUNCEMENT : 01.01.2021 / ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORD ER PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS) 8, PUNE ON 01.10.2019 IN RELATION TO THE ASSESSMENT YEAR 2009-10. 2. BEFORE US, THE ASSESSEE HAS FILED A LETTER DATED 18.12.2 020 SEEKING WITHDRAWAL OF THE APPEAL. THE RELEVANT CONTENTS OF SUCH LE TTER READS AS UNDER : I, ABHAY CHORDIA HAS PREFERRED THE ABOVE MENTIONED APPEAL BEFORE YOUR HONOUR AGAINST THE ORDER PASSED U/S 271(1)(C) OF TH E I. T. ACT, 1961 BY THE COMMISSIONER OF INCOME TAX, (A) 8, PUNE FOR AY 2009- 10 DATED 01/10/2019. I HAVE SUBMITTED APPLICATION BEFORE THE DESIGNATED AUTHORITY, HONOURABLE PCIT- 4, PUNE UNDER SECTION 4 OF THE DIRECT TAX VIVAD SE VISHWAS ACT 2020 ON 7TH OCTOBER 2020 IN RESPECT OF THE APPEAL PENDING BEFOR E YOUR HONOUR FOR THE YEAR UNDER CONSIDERATION. A COPY OF THE APPLICATION IS A TTACHED HEREWITH FOR YOUR 2 ITA NO.2008/PUN/2019 HONORS REFERENCE. PLEASE REFER ANNEXURE A. THE DESIGNATED AUTHORITY, HONOURABLE PCIT-4, PUNE H AS PASSED ORDER IN FORM NO 3 UNDER SECTION 5 OF THE DIRECT TAX VIVAD SE VIS HWAS ACT 2020 DETERMINING THE AMOUNT OF TAX PAYABLE UNDER THE SAID SCHEME. A COPY OF FORM NO 3 IS ENCLOSED HEREWITH. PLEASE REFER ANNEXURE B. I HAVE PAID THE TAX DETERMINED BY PCIT-4, PUNE AS P ER FORM NO 3. A COPY OF CHALLAN IS ATTACHED HEREWITH FOR YOUR HONORS REFERE NCE. PLEASE REFER ANNEXURE C. AS PER PROVISIONS OF SECTION 4 (2) OF THE DIRECT TA X VIVAD SE VISHWAS ACT 2020 ANY APPEAL PENDING BEFORE INCOME TAX APPELLATE TRIB UNAL OR CIT (A), IN RESPECT OF THE DISPUTED INCOME OR DISPUTED INTEREST OR DISP UTED PENALTY OF DISPUTED FEES AND TAX ARREARS SHALL BE DEEMED TO HAVE BEEN WITHDR AWN FROM THE DATE ON WHICH CERTIFICATE UNDER SECTION 5(1) (FORM 3) IS IS SUED BY DESIGNATED AUTHORITY. THEREFORE, I HEREBY REQUEST YOUR HONOUR TO KINDLY P ASS THE SUITABLE ORDERS FOR WITHDRAWAL OF APPEAL AND OBLIGE. 3. THE LD. DR DID NOT RAISE ANY OBJECTION TO THE WITHDRAW AL OF THE APPEAL FILED BY THE ASSESSEE. AS SUCH, THE ASSESSEE IS PERMITTED TO WITHDRAW THE APPEAL. 4. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 1 ST JANUARY, 2021. SD/- SD/- (S.S. VISHWANETHRA RAVI) (R.S. SYAL) JUDICIAL MEMBER VICE PRESIDENT / PUNE; / DATED : 1 ST JANUARY, 2021. YAMINI / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(A)-8, PUNE. 4. THE PR.CIT -4, PUNE. 5. , , , / DR, ITAT, A BENCH, PUNE. 6. ! / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE.