Better World Foundation, Patna V. C.I.T.(Exemption), Patna

ITA 209/PAT/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 8359 (ITAT-PATNA)
• Duration Of Justice: 2 year(s) 11 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: misc
• Appeal Filed On: 23-08-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: N O N E
• Keywords: Competent authority

Judgement Text

1 ITA NO. 209/PAT/2018 BETTER WORLD FOUNDATION IN THE INCOME TAX APPELLATE TRIBUNAL PATNA BENCH , VIRTUAL HEARING AT KOLKATA ( ) . . , . . , ) [BEFORE SHRI P.M. JAGTAP, VICE PRESIDENT (KZ) &SHRI A. T. VARKEY, JM] I.T.A. NO. 209/PAT/2018 ASSESSMENT YEAR: BETTER WORLD FOUNDATION (PAN: AAGCB8141E) VS. COMMISSIONER OF INCOME-TAX (EXEMPTION), PATNA APPELLANT RESPONDENT DATE OF VIRTUAL HEARING 13.08.2021 DATE OF PRONOUNCEMENT 13.08.2021 FOR THE APPELLANT N O N E FOR THE RESPONDENT NONE ORDER PER SHRI A.T. VARKEY, JM : THIS APPEAL HAS BEEN PREFERRED BY THE ASSE SSEE AGAINST THE ORDER OF THE LD.CIT(E), PATNA DATED 05.06.2018. 2. NONE APPEARED FOR BOTH THE SIDES. AT THE OUTSET , IT IS NOTICED FROM THE LETTER OF THE ASSESSEE DATED 30.07.2021 THAT THE ASSESSEE HAD OPTED FOR D IRECT TAX VIVAD SE VISHWAS SCHEME, 2020 (HEREINAFTER, THE SCHEME) AND HAD FILED FORM-1 & FORM-2 BEFORE THE COMPETENT AUTHORITY AND IS AWAITING THE ISSUE OF FORM NO. 3 FROM THE COMPETENT AUTHORITY. THEREFORE, TAKING INTO CONSIDERATION THE FACT THAT SINCE THE ASSESSEE HAS OPTED FOR THE SCHEME, THERE IS NO POINT IN KEEPING THE IMPUGNED APPEAL PENDING. 3. IN THE LIGHT OF THE AFORESAID DISCUSSION, WE TR EAT THIS SUBMISSION OF THE ASSESSEE INFORMING THE TRIBUNAL THE FACT THAT ASSESSEE HAS OPTED FOR T HE SAID SCHEME, THEREFORE, WE ALLOW THE ASSESSEE TO WITHDRAW THE IMPUGNED APPEAL. IN CASE, IF THE COMP ETENT AUTHORITY AS PER THE SCHEME DOES NOT ACCEPT THE ASSESSEES PROPOSAL TO OPT FOR THE VIVAD SE VISHWAS SCHEME, 2020, THEN THE ASSESSEE IS AT LIBERTY TO MOVE AN APPLICATION FOR RECALLING THIS O RDER. WITH THE AFORESAID CAVEAT, WE ALLOW THE ASSESSEE TO WITHDRAW THE CAPTIONED APPEAL. 2 ITA NO. 209/PAT/2018 BETTER WORLD FOUNDATION 4. NEEDLESS TO SAY THAT THE AFORESAID ACTION ALLOWI NG THE ASSESSEE TO WITHDRAW THE APPEAL, WILL NOT COME IN THE WAY OF THE COMPETENT AUTHORITY OF R EVENUE TO ACCEPT THE ASSSSEES SAID OPTION/SCHEME FOR AVAILING VIVAD SE VISHWAS SCHEME , 2020. 5. IN THE RESULT, THE APPEAL OF ASSESSEE IS DISMISS ED AS WITHDRAWN. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (P. M. JAGTAP) (ABY. T. VARKEY) VICE PRESIDENT JUDICIAL MEMBER DATED : 13.08.2021 JD(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT BETTER WORLD FOUNDATION, NEAR CENTRAL B ANK OF INDIA, BABHANPURA, AIIMS-JANIPUR ROAD, PHULWARISHARIF, PAT NA-801505 2 RESPONDENT CIT(E), PATNA. 3. 4. 5. ITO (HQRS.) (EXEMPTIONS) PAYTNA. CIT, PATNA DR, ITAT, PATNA. (SENT THROUGH E-MAIL) / TRUE COPY, BY ORDER, SR. PVT. SECRETARY