Bhondave Moreshwar Mahadev, Pune V. Assistant Commissioner of Income-tax, Central Circle -1(2), Pune

ITA 2081/PUN/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4854 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 5 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 10-02-2021
• Assessment Year: 2009-2010
• Appeal Filed On: 04-09-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUN E (THROUGH VIRTUAL COURT) BEFORE SHRI WASEEM AHMED, AM AND SHRI S. S. VISWANETHRA RAVI, JM . / ITA NO.2081/PUN/2017 / ASSESSMENT YEAR : 2009-10 SHRI BHONDAVE MORESHWAR MAHADEV, ....... / APPELLANT A/P RAVET, TAL HAVELI, DIST. PUNE 412 101. PAN : AAJPB8648Q. / V/S. THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE 1(2), PUNE. / RESPONDENT ASSESSEE BY : SHRI PRATIK SANDBHOR. (WITHDRAWAL APPLICATION FILED). REVENUE BY : SHRI DEEPAK GARG. / DATE OF HEARING : 10.02.2021 / DATE OF PRONOUNCEMENT : 10.02.2021 / ORDER THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 6, PUNE (CIT(A) FOR SHORT) DATED 15.05.2017 FOR THE ASSESSMENT YEAR 2009-10. 2. BEFORE US SHRI PRATIK SANDBHOR, THE LEARNED AUTHORIS ED REPRESENTATIVE OF THE ASSESSEE FILED A LETTER DT.09.02.2021 SEEKING PERMISSION TO WITHDRAW THE APPEAL ON THE GROUND THAT THE ISSUE INV OLVED IN THIS APPEAL STANDS SETTLED UNDER THE VIVAD SE VISHWAS SCHEME, 2020 AND THAT THE APPLICATION FILED BY HIM UNDER VIVAD SE VISHWAS SCHEME IS IN PROCESS AND IS WAITING FOR ACCEPTANCE OF THE SAME. THE LEARNED AUTHORISE D REPRESENTATIVE 2 FURTHER SUBMITTED THAT THE ASSESSEE DID NOT GET FORM 3 FROM THE RESPONDENT AND THE ASSESSEE IS READY TO WITHDRAW THE APPEAL UNDER THE CIRCUMSTANCES IF A CONDITIONAL ORDER IS PASSED TO THAT EFFECT. 3. THE LD. DR HAS NO OBJECTION IN CASE THE ASSESSEE WISH ES TO WITHDRAW THE APPEAL. 4. IN VIEW OF THE REQUEST MADE BY THE LEARNED AUTHORISE D REPRESENTATIVE, WE PERMIT THE ASSESSEE TO WITHDRAW THE APPEAL. HOWEVER , IF THE RESPONDENT DEPARTMENT DISAPPROVES THE APPLICATION OF THE ASSESSEE FILE D UNDER VIVAD SE VISHWAS SCHEME, THE ASSESSEE IS AT LIBERTY TO FILE AN APPLICA TION TO RESTORE THE APPEAL BEFORE THIS TRIBUNAL AS PER THE PROVISIONS OF LAW. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAW N. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 10 TH DAY OF FEBRUARY, 2021. SD/- SD/- - (S. S. VISWANETHRA RAVI) (WASEEM AHMED) / JUDICIAL MEMBER / ACCOUNTANT MEMBER / PUNE; / DATED : 10 TH FEBRUARY, 2021. YAMINI / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(A)-6, PUNE. 4. THE PR.CIT-5, PUNE. 5. , , , / DR, ITAT, A BENCH, PUNE. 6. ! / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE.