AAM India Manufacturing Corporation Private Limited, Ahmednagar V. DCIT AHMEDNAGAR CIRCLE, AHMEDNAGAR, AHMEDNAGAR

ITA 2053/PUN/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7837 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 3 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2015-2016
• Appeal Filed On: 20-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MAHADEVAN A.M. KRISHNAN
• Section: 143(3); 22; 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH C , PUNE BEFORE SH RI R.S. SYAL, VICE PRESIDENT AND SH RI PARTHA SARATHI CHAUDHURY , J UDICIAL MEMBER I TA NO. 1 798 / PUN /20 1 8 / ASSESSMENT YEAR : 20 1 4 - 1 5 AAM INDIA MANUFACTURING CORPORATION PVT. LTD., GAT NO.787 AND 788, VILLAGE HUNGA, TALUKA PARNER, DISTRICT SUPA, AHMEDNAGAR PAN : AA GCA9388Q VS. A CIT , AHMEDNAGAR CIRCLE, AHMEDNAGAR APPELLANT RESPONDENT ITA NO. 2053/PUN /20 19 / ASSESSMENT YEAR : 20 15 - 16 AAM INDIA MANUFACTURING CORPORATION PVT. LTD., GAT NO.787 AND 788, VILLAGE HUNGA, TALUKA PARNER, DISTRICT SUPA, AHMEDNAGAR PAN : AAGCA9388Q VS. DCIT, AHMEDNAGAR CIRCLE, AHMEDNAGAR APPELLANT RESPONDENT / ORDER THESE TWO APPEALS BY THE ASSESSEE ARE DIRECTED AGAINST THE FINAL ASSESSMENT ORDERS DATED 18 - 09 - 2018 AND 22 - 10 - 2019 A SSESSEE BY SHRI RAJENDRA AGIWAL (WITHDRAWAL APPLICATION) RE VENUE BY S HRI MAHADEVAN A.M. KR ISHNAN DATE OF HEARING 0 1 - 0 4 - 202 1 DATE OF PRONOUNCEMENT 01 - 0 4 - 202 1 ITA NO. 1 798 / PUN /20 1 8 ITA NO.2053/PUN/2019 2 PASSED BY THE ASSESSING OFFICER (AO) U/SS.144C(13) & 143(3) R.W.S. 144C(13) OF THE INCOME - TAX ACT, 1961 IN RELATION TO THE ASSESSME NT YEARS 2014 - 15 AND 2015 - 16 RESPECTIVELY. 2. BEFORE US, THE LD. AR HAS FILED A LETTER DATED 23 - 0 2 - 2021 SEEKING PERMISSION TO WITHDRAW BOTH THE APPEALS AS THE ASSESSEE HAD RECEIVED FORM NO.3 UNDER VIVAD SE VISHWAS SCHEME UNDER THE DIRECT TAXES VIVAD SE VISHWAS ACT, 2020. THE RELEVANT CONTENTS OF SUCH LETTER, READ AS UNDER : IN RELATION TO THE ABOVE MENTIONED APPEALS, WE WOULD LIKE TO STATE AS UNDER: THE APPELLANT HAS OPTED FOR VIVAD SE VISHWAS (VSV) IN RESPECT OF APPEALS UNDER CONSIDERATION, BY FI LING THE FORM 1 AND 2 ON 29 JANUARY, 2021 (ACKNOWLEDGED COPY OF THE SAME ARE ENCLOSED VIDE ATTACHMENT 1A AND 1B FOR AY 2014 - 15 AND AY 2015 - 16 RESPECTIVELY). FURTHER, VIDE FORM 3, DATED 17 FEBRUARY 2021 (RECEIVED ON 17 FEBRUARY 2021), THE DESIGNATED AUTHOR ITY HAS ACKNOWLEDGED THE APPLICATION OF APPELLANT AND HAS DETERMINED THE AMOUNT OF PAYABLE / REFUNDABLE TO THE APPELLANT (THE COPY OF FORM 3 IS ENCLOSED VIDE ATTACHMENT 2A AND 2B FOR AY 2014 - 15 AND AY 2015 - 16 RESPECTIVELY). IN THIS REGARD, FOR THE PURPOSE OF FILING OF FORM 4, THE APPELLANT SUBMITS THAT WITHDRAWAL OF APPEAL IS ESSENTIAL. IN VIEW OF THE SAME AND IN ACCORDANCE WITH THE PROCEDURE PRESCRIBED UNDER VSV SCHEME, THE APPELLANT SUBMITS THAT IT WISHES TO WITHDRAW THE AFOREMENTIONED APPEALS. ITA NO. 1 798 / PUN /20 1 8 ITA NO.2053/PUN/2019 3 3. ON PERUSAL OF THE ABOVE LETTER AND HAVING NO OBJECTION FROM THE SIDE OF LD. DR, WE ALLOW THE REQUEST OF LD. AR TO WITHDRAW BOTH THE APPEALS. 4. IN THE RESULT, BOTH THE APPEALS ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 1 ST APR IL , 202 1 . SD/ - SD/ - ( PARTHA SARATHI CHAUDHURY ) ( R.S.SYAL ) JUDICIAL MEMBER VICE PRESIDENT PUNE ; DATED : 1 ST A PRIL , 2021 GCVSR / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE DRP - 3, MUMBAI 4. THE CONC ERNED CIT, PUNE 5. , , / DR C , ITAT, PUNE 6. / GUARD FILE / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE ITA NO. 1 798 / PUN /20 1 8 ITA NO.2053/PUN/2019 4 DATE 1. DRAFT DICTATED ON 0 1 - 0 4 - 202 1 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 0 1 - 0 4 - 2021 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM 5. APPROVED DRAFT C OMES TO THE SR.PS/PS SR.PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. DATE OF UPLOADING ORDER SR.PS 8. FILE SENT TO THE BENCH CLERK SR.PS 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK 10. DATE ON WHICH FILE GOES TO THE A.R. 11. DATE OF DISPATCH OF ORDER.