M/S JAIN BULK MOVERS PVT. LTD, Chandrapur V. JCIT, CHADRAPUR RANGE, Chandrapur

ITA 225/NAG/2015

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 2942 (ITAT-NAGPUR)
• Duration Of Justice: 6 year(s) 3 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-10-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 13-07-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRADEEP HEDAOO
• Section: 271(1)(c); 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH , NAG PUR BEFORE SHRI SANDEEP GOSAIN, JM & SHRI O.P. KANT , AM ITA N O. 225 / NAG / 201 5 ASSESSMENT YEAR: 2009 - 10 M/S JAIN BULK MOVERS PVT. LTD., NEAR ASHTABHUJA TEMPLE, BYE PASS ROAD, RAYATWARI COLONY, CHANDRAPU R - 442401. VS. J.C.I.T., CHANDRAPUR RANGE, CHANDRAPUR - 442402. P A N NO.: AABCJ 2199 K APPELLANT RESPONDENT ASSESSEE B Y: SHRI S.C. THAKAR (CA) REVENUE BY : SHRI PRADEEP HED A OO ( CIT - DR ) DATE OF HEARING : 25/10 /2021 DATE OF PRONOUNCEMENT : 25 / 10 /20 2 1 O RDER PER: SANDEEP GOSAIN, J.M. THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT (A) - 4, N AGPUR DATED 01/04/2015 FOR THE A.Y. 2009 - 10 . 2. THE LD. AR APPEARING ON BEHALF OF THE ASSESSSE HAS FURNISHED AN APPLICATION ON BEHALF OF THE ASSESSEE FOR WITHDRAWAL OF THIS APPEAL . THE CONTENTION MADE IN THE SAID APPLICATION READS AS UNDER: THE APPELLANT HAS FILED A DECLARATION U/S 4 OF VIVAD SE VISHWAS ACT IN FORM NO. 1 AND 2 ON DT. 14/12/2020 AGAINST PENALTY ORDER U/S 271(1)(C) FOR A.Y. 200 9 - 10. THE APPELLANT IS ALSO IN RECEIPT OF FORM NO. 3 UNDER ACKNOWLEDGEMENT NO. 228611280270121. THE COPY OF FORM NO. 3 IS ATTACHED. ITA 225 / NAG /20 1 5 _ M/S JAIN BULK MOVERS PVT. LTD. VS JCIT 2 THE APPELLANT HAS ALSO REQUESTED ON DT. 28/01/2021 TO THE REGISTRAR ITAT, NAGPUR REQUESTING TO PERMIT THE WITHDRAWAL OF APPE AL NO. 225/NAG/2015 A.Y. 2009 - 10. THE COPY OF THE SAID WITHDRAWAL PETITION IS ENCLOSED. THE APPELLANT REQUEST YOUR HONOR TO PERMIT TO WITHDRAWAL THE APPEAL NO. 225/ NAG/2015 A.Y. 2009 - 10. THANKING YOU YOURS FAITHFULLY SD/ - ( SACHIN J AIN ) DIRECTOR 3 . THE LD CIT - DR HAS RAISED NO OBJECTION IF THE APPEAL OF THE ASSESSEE IS ALLOWED TO BE WITHDRAWN. 4 . THEREFORE, IN VIEW OF THE FACT THAT THE ASSESSEE HAS ALREADY APPROACHED THE DEPARTMENT TO SETTLE THE MATTER UNDER VIVAD SE VISHWAS SC HEME, WE PERMIT THE ASSESSEE TO WITHDRAW THIS APPEAL. ACCORDINGLY, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 5 . IN THE RESULT, THIS APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 5 TH OCTOBER , 2021. SD/ - SD/ - ( O.P. KA NT ) (SANDEEP GOSAIN) ACCOUNTANT MEMBER JUDICIAL MEMBER NAG PUR DATED : - 25 / 10 /202 1 *RANJAN COPY OF THE O RDER FORWARDED TO: 1. THE APPELLANT - M/S JAIN BULK MOVERS PVT. LTD., CHANDRAPUR . 2. THE RESPONDENT - THE J.C.I.T., CHANDRAPUR RANGE, CHANDRAPUR ITA 225 / NAG /20 1 5 _ M/S JAIN BULK MOVERS PVT. LTD. VS JCIT 3 3. CIT 4. THE CIT(A) 5. DR, ITAT , NAG PUR 6. GUARD FILE (ITA NO. 225 / NAG /20 1 5 ) BY ORDER, ASST. REGISTRAR