M/s.Malviya Jewellers, Itarsi V. Income Tax Officer Ward-1, Itarsi

ITA 242/JAB/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2626 (ITAT-JABALPUR)
• Duration Of Justice: 2 year(s) 6 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 29-11-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SWATI AGARWAL
• Section: 271(1)(c)

Judgement Text

MALVIYA JEWELLERS V. ITO ITA NOS. 241 & 242/JAB/2018 (AYS. 2012-13 & 2013-14 ) 1 IN THE INCOME TAX APPELLATE TRIBUNAL, JABALPUR BENC H, JABALPUR (SMC) (THROUGH VIDEO CONFERENCING) BEFORE SH. SANJAY ARORA, HON'BLE ACCOUNTANT MEMBER ITA NOS. 241 & 242/JAB/2018 ASSESSMENT YEARS: 2012-13 & 2013-14 MALVIYA JEWELLERS, ITARSI (M.P.) [PAN: AATFM 8883G] VS. INCOME TAX OFFICER -1, ITARSI (M.P.) (APPELLANT) (RESPONDENT) APPELLANT BY MS. APOORVA AGRAWAL, ADV. (FOR SH. SAPAN USRETHE, ADV.) RESPONDENT BY MS. SWATI AGARWAL, SR. DR DATE OF HEARING 25/06/2021 DATE OF PRONOUNCEMENT 25/06/2021 ORDER PER SANJAY ARORA, AM THIS IS A SET OF TWO APPEALS BY THE ASSESSEE FOR TW O CONSECUTIVE YEARS, I.E., ASSESSMENT YEARS 2012-13 & 2013-14, DIRECTED AGAINST THE COMBINED ORDER DATED 12/9/2018 BY THE COMMISSIONER OF INCOME TAX ( APPEALS)-1, BHOPAL (CIT(A) FOR SHORT), CONFIRMING THE LEVY OF PENALT Y UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961 ('THE ACT' HEREINAFTER) BY THE ASSESSING OFFICER VIDE HIS SEPARATE ORDERS OF EVEN DATE, I.E., 28/9/2015. 2. ADVERTING TO THE ASSESSEES WITHDRAWAL APPLICATI ONS DATED 23/6/2021 ON RECORD, IT WAS, AT THE VERY OUTSET, SUBMITTED BY MS . AGRAWAL, THE LD. COUNSEL REPRESENTING THE ASSESSEE, THAT THE ASSESSEE HAS OP TED FOR VIVAD SE VISWAS SCHEME, 2019, DEPOSITING THE REQUISITE SUMS (PENAL TY) THEREUNDER WITH THE CENTRAL GOVERNMENT IN TERMS OF THE CERTIFICATE UNDE R THE DIRECT TAX VIVAD SE MALVIYA JEWELLERS V. ITO ITA NOS. 241 & 242/JAB/2018 (AYS. 2012-13 & 2013-14 ) 2 VISWAS ACT, 2020 (DTVSV ACT) READ WITH THE RELEVA NT RULE, I.E., FORM 3, ALSO ENCLOSED ALONG WITH. THE ASSESSEES APPEALS BE THER EFORE PERMITTED TO BE WITHDRAWN. THE LD. SR. DR, MS. AGARWAL, CONVEYED HE R NO OBJECTION TO THE ASSESSEE WITHDRAWING ITS APPEALS UNDER THE CIRCUMS TANCES. 3. I HAVE HEARD THE PARTIES. THE ASSESSEE HAVING OP TED FOR AVAILING THE BENEFITS UNDER THE DTVSV ACT, IT DOES NOT INTEND TO PROSECUTE ITS CAPTIONED APPEALS, BUT TO SETTLE ITS DISPUTE WITH THE DEPARTM ENT. RATHER, IN TERMS OF THE SAID ACT, IT HAS, IN PRINCIPLE, RELINQUISHED ITS R IGHTS UNDER THE APPEAL/S, WHICH BECOMES UNMAINTAINABLE UNDER THE SAID ACT. I, ACCOR DINGLY, HAVE NO HESITATION IN PERMITTING THE WITHDRAWAL OF ITS CAPTIONED APPE ALS BY THE ASSESSEE. 4. THE ASSESSEES APPEALS ARE ALLOWED TO BE WITHDR AWN. I DECIDE ACCORDINGLY. 5. IN THE RESULT, THE ASSESSEES APPEALS ARE DISMIS SED AS WITHDRAWN/NOT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON JUNE 25, 2021 SD /- (SANJAY ARORA) A CCOUNTANT MEMBER DATED: 25/06/2021 COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT: M/S. MALVIYA JEWELLERS, CHHOTA SARAF A, ITARSI - 461 111, HOSHANGABAD (M.P.) 2. THE RESPONDENT: INCOME TAX OFFICER -1, ITARSI (M.P .) 3. THE PR. CIT-1, BHOPAL 4. THE CIT(A)-1, BHOPAL 5. THE SR. DR, ITAT, JABALPUR 6. GUARD FILE // TRUE COPY //