ACIT, CIRCLE-1, PATNA V. AMIT KUMAR BANKA, PATNA

ITA 241/PAT/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5606 (ITAT-PATNA)
• Duration Of Justice: 11 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-09-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 04-10-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: A K RASTOGI
• Section: 250; 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PATNA VIRTUAL COURT AT KOLKATA [ BEFORE SHRI J. SUDHAKAR REDDY, HONBLE ACCOUNTANT MEMBER & SHRI S.S. GODARA HONBLE JUDICIAL MEMBER ] ITA NO. 241/PAT/2019 ASSESSMENT YEAR: 2014-15 ACIT, CIRCLE 1, PATNA ..........................................................APPELLANT PATNA 800 001. VS AMIT KUMAR BANKA ..................................................RESPONDENT JHAUGANJ, GHAT LANE, OPP. PITTAL KE MAHADEO, PATNA CITY, PATNA 800008. [PAN: AAMPB 8300 J] APPEARANCES BY: SHRI AJAY KUMAR , ADDL, CIT, SR. DR APPEARING ON BEHALF OF THE REVENUE. SHRI A.K. RASTOGI, ADVOCATE APPEARING ON BEHALF OF THE ASSESSEE. DATE OF CONCLUDING THE HEARING : SEPTEMBER 22, 2020 DATE OF PRONOUNCING THE ORDER SEPTEMBER 22, 2020 ORDER PER J. SUDHAKAR REDDY, HONBLE AM THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)- I, PATNA, (HEREINAFTER THE LD. CIT (A)), DT. 03.07.2019, PASSED U/S 250 OF THE INCOME TAX ACT, 1961 (THE ACT), RELATING TO THE ASSESSMENT YEAR 2014-15. 2. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT AN APPLICATION HAS BEEN FILED BY THE ASSESSEE FOR SETTLEMENT OF THIS DISPUTE IN THIS REVENUE APPEAL UNDER THE VIVAAD SE VISHWAS SCHEME. 3. THUS, THIS REVENUE APPEAL IS DISMISSED AS WITHDRAWN WITH A CONDITION THAT IF THE ASSESSEES APPLICATION FOR SETTLEMENT OF THIS REVENUE APPEAL IS NOT ACCEPTED UNDER THE VIVAAD SE VISHWAS SCHEME, THIS APPEAL WOULD GET REVIVED. THE REVENUE 2 ITA. NO. 241/PAT/2019 ASSESSMENT YEAR: 2014-15 AMIT KUMAR BANKA SHALL FILE SUITABLE APPLICATION FOR RESTORATION OF THE APPEAL IN SUCH SITUATION. IN VIEW OF THE ABOVE DISCUSSION, WE DISMISS THIS APPEAL CONDITIONALLY, AS WITHDRAWN. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND SEPTEMBER, 2020. SD/- SD/- (S.S. GODARA) (J. SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 22/09/2020 BISWAJIT, SR. PS COPY OF ORDER FORWARDED TO: 1. ACIT, CIRCLE 1, PATNA. 2. AMIT KUMAR BANKA, JHAUGANJ, GHAT LANE, OPP. PITTAL KE MAHADEO, PATNA CITY, PATNA 800008. 3. THE CIT(A) 4. THE CIT 5. DR TRUE COPY, BY ORDER, SR. PRIVATE SECRETARY ITAT, PATNA BENCH