Nitin Bhika Chitodkar, Pune V. Deputy Commissioner of Income-tax, Circle - 3, Pune

ITA 2207/PUN/2017

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4027 (ITAT-PUNE)
• Duration Of Justice: 4 year(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-10-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 07-10-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 22-09-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: IS DIRECTED AGAINS T PASSED
• Section: 250; 22; 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH, A PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER . / ITA NO.2207/PUN/2017 / ASSESSMENT YEAR : 2013-14 NITIN BHIKA CHITODKAR, 103, PRO-1, BUSINESS CENTRE, S.B. ROAD, SHIVAJINAGAR, PUNE 411 016 PAN : AAMPC0234G VS. DCIT, CIRCLE-3, PUNE APPELLANT RESPONDENT / ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PA SSED BY THE CIT(A)-3, PUNE ON 30-06-2017 IN RELATION TO THE AS SESSMENT YEAR 2013-14. 2. BEFORE US, THE ASSESSEE HAS FILED A LETTER DATED 16.09.2021 SEEKING WITHDRAWAL OF THE APPEAL. THE RELEVANT C ONTENTS OF SUCH LETTER READS AS UNDER: WE HAD FILED AN APPEAL IN CASE OF ABOVE-MENTIONED APPELLANT AGAINST ORDER UNDER SECTION 147 READ WITH SECTION 250 OF TH E INCOME TAX ACT, 1961 HAVING APPEAL NUMBER : ITA 2207/PUN/2017 FOR T HE ASSESSMENT YEAR 2013-14 ON 22 ND SEPTEMBER, 2017.. SUBSEQUENTLY, WE HAD APPLIED FOR VIVAD SE VISHWAS S CHEME AND RECEIVED FORM 3 VIDE ACKNOWLEDGEMENT NO.79379871008 1220 DATED 08 TH DECEMBER 2020 IN WHICH LIABILITY WAS FINALIZED AT RS.12,79,640. ACCORDINGLY, THE SAID LIABILITY WAS PAID ON 17 TH MARCH ASSESSEE BY NONE (VSVS APPLICATION FILED) REVENUE BY SHRI A.M. MAHADEVAN KRISHNAN DATE OF HEARING 07-10-2021 DATE OF PRONOUNCEMENT 07-10-2021 ITA NO.2207/PUN/2017 NITIN B. CHITODKAR 2 2021 AND FORM 4 WAS FILED VIDE ACKNOWLEDGEMENT NO.318107611300321 ON 31 ST MARCH 2021 UNDER THE SAID SCHEME. HENCE, WE HEREBY DECLARE TO WITHDRAW THE RESPECTIVE APPEAL AS THE APPELLANT HAD ALREADY SETTLED THE DISPUTE RELATING TO TAX ARREARS UNDER VIVAD SE VISHWAS SCHEME. FORM 5 IS AWAITING FROM D EPARTMENT. 3. THE LD. DR DID NOT RAISE ANY OBJECTION TO THE WITHDRAWAL 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 IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN.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 07 TH OCTOBER, 2021. SD/- SD/- ( PARTHA SARATHI CHAUDHURY ) (R.S.SYAL) JUDICIAL MEMBER VIC E PRESIDENT PUNE; DATED : 07 TH OCTOBER, 2021 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE CIT(A)-3, PUNE 3. THE PR.CIT-2, PUNE 4. 5. DR, ITAT, A BENCH, PUNE / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR P RIVATE SECRETARY , / ITAT, PUNE ITA NO.2207/PUN/2017 NITIN B. CHITODKAR 3 DATE 1. DRAFT DICTATED ON 07-10-2021 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 07-10-2021 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM 5. APPROVED DRAFT COMES 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.