Pradeep Jaysinghrao Desai, Pune V. Income-tax Officer, Ward - 7(4), Pune

ITA 2224/PUN/2017

• Counselvise Citation: [NaN] 107 COUNSELVISE.COM (IT) 2048 (ITAT-PUNE)
• Duration Of Justice: 4 year(s) 4 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-02-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 25-09-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 144; 10; 90; 154; 2; 11; 15; 271(1)(b); 139; 92; 5(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “SMC”, PUNE – VIRTUAL COURT BEFORE SHRI R.S. SYAL, VICE PRESIDENT आयकर अपील सं. / ITA No.2224/PUN/2017 नधा रण वष / Assessment Year : 2011-12 Pradeep Jaysinghrao Desai, 329/330, Opp. Gadge Maharaj Math, Somwar Peth, Pune 411 001 PAN : AAXPD8217H Vs. ITO, Ward-7(4), Pune (Appellant) (Respondent) आदेश / ORDER PER R.S.SYAL, VP : This appeal by the assessee is directed against the order passed by the CIT(A)-5, Pune on 09-06-2017 in relation to the assessment year 2011-12. 2. Before me, the assessee has filed letter dated Nil seeking permission to withdraw the appeal as the assessee had received Form No.5 under ‘Vivad Se Vishwas Scheme’ under The Direct Taxes Vivad Se Vishwas Act, 2020. The relevant contents of such letter reads as under : “In respect of the above appeal I would like to inform you that I have opted for the Vivad Se Vishwas Option introduced in the year 2020. Appellant by Shri Pramod Shingte Respondent by Shri M.G. Jasnani Date of hearing 03-02-2022 Date of pronouncement 03-02-2022 ITA No. 2224/PUN/2017 Pradeep J. Desai 2 All the procedure as required has been duly been completed and hence, you are requested to take the above on record and treat the same as withdrawal of the appeal. 1) Form No. 1- Form for filing and declaration and undertaking date 29/01/2021. 2) Form No.3 – Form for certificate under sub-section (1) of Section 5 of the Direct Tax Vivad Se Vishwas Act, 2020 vide Ack No.339219170080421 dated 08/04/2021. 3) Form No.4 – Intimation of payment under sub section (2) of Section 5 of the Direct Tax Vivad se Vishwas Act, 2020 vide Ack No.345048960260421 dated 26/04/2021 4) Form No. 5 – Order for full and final Settlement of tax arrear under Section 5(2) read with section 6 of the Direct Tax Vivad se Vishwas Act, 2020 vide Ack No.593495001280921 date 28/09/2021. 5) Copy of tax paid challan. 6) Copy of letter date 26/04/2021 submitted for withdrawal of the appeal.” 3. On perusal of the above letter and having no objection from the side of ld. DR, I allow the request of assessee to withdraw the appeal. 4. In the result, the appeal is dismissed as ‘withdrawn’. Order pronounced in the Open Court on 03 rd February, 2022. Sd/- (R.S.SYAL) उपा य / VICE PRESIDENT प ु णे Pune; दनांक Dated : 03 rd February, 2022 Satish ITA No. 2224/PUN/2017 Pradeep J. Desai 3 आदेश क त ल प अ े षत / Copy of the Order is forwarded to : 1. अपीलाथ / The Appellant; 2. यथ / The Respondent; 3. आयकर आयु (अपील) / The CIT (Appeals)-5, Pune 4. The Pr. CIT-4, Pune 5. वभागीय त न ध, आयकर अपील!य अ धकरण, प ु णे “SMC” / DR ‘SMC’, ITAT, Pune; 6. गाड फाईल / Guard file. आदेशान ु सार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune Date 1. Draft dictated on 03-02-2022 Sr.PS 2. Draft placed before author 03-02-2022 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.