Prem Khandelwal (HUF), Bhubaneswar V. ITO, Ward-3(4), Bhubaneswar

ITA 254/CTK/2018

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 8207 (ITAT-CUTTACK)
• Duration Of Justice: 2 year(s) 5 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 21-06-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S C MOHANTY
• Assessee Lawyers: WITHDRAWAL PETITION FILED
• Section: 201

Judgement Text

, . . , , IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH , CUTTACK , BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER ./ ITA NO. 417 / CTK /20 17 & 254/CTK/2018 ( / ASSESSMENT YEAR : 20 1 4 - 20 1 5 & 2013 - 2014 ) PREM KHANDELWAL(HUF), IMFA BUILDING, BOMIKHAL RASULGARH, BHUBANESWAR - 751010 VS. ITO, WARD - 3(4), BHUBANESWAR / PAN NO. : A AHHP 7336 P ( / APPELLANT ) .. ( / RESPONDENT ) /AS SESSEE BY : WITHDRAWAL PETITION FILED /REVENUE BY : SHRI S.C.MOHANTY, DR / DATE OF HEARING : 17 / 12 /20 20 / DATE OF PRONOUNCEMENT 17 / 12 /20 20 / O R D E R TH ESE TWO APPEALS FILED BY THE ASSESSEE ARE AGAINST THE ORDER DATED 10.07.2017 & 28.05.2018 , PASSED BY THE CIT(A) - 2 , BHUBANESWAR FOR THE ASSESSMENT YEAR 201 4 - 2015 & 2013 - 2014 . 2. AN WITHDRAWAL PETITION DATED 11.12.2020 FILED BY THE ASSESSEE HERSELF, IS PLACED ON RECORD, WHE REIN IT IS MENTIONED THAT THE ASSESSEE HAS ALREADY FILED APPLICATION FOR THE ASSESSMENT YEAR UNDER CONSIDERATION REGARDING SETTLEMENT SOUGHT IN THE FORM - I UNDER THE DIRECT TAX VIVAD SE VISHWAS BILL, 2020 BEFORE THE PRESCRIBED AUTHORITY(IES) THEREIN , THER EFORE, THE ASSESSEE HAS REQUESTED TO WITHDRAW BOTH THE APPEAL S . LD. DR HAS NO OBJECTION TO THE SUBMISSION MADE BY THE ASSESSEE IN THIS REGARD. 3 . ON PERUSAL OF THE APPLICATION DATED 11.12.2020 PLACED ON RECORD OF THE TRIBUNAL FOR BOTH THE ASSESSMENT YEARS UNDER CONSIDERATION , I FIND THAT ITA NO. 417 /CTK/20 17 & 254 /CTK/2018 2 THE ASSESSEE HAS REQUESTED TO WITHDRAW BOTH THE APPEALS AS THE ASSESSEE HAS PROPOSED TO SETTLE THE CASE TAKING THE BENEFIT UNDER THE DIRECT TAX VIVAD SE VISHWAS BILL, 2020 , WHICH IS PLACED ON RECORD. CONSIDERING THE WITHDR AWAL APPLICATION FILED BY THE ASSESSEE DATED 11.12.2020 , BOTH THE APPEAL S OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN WITH A LIBERTY TO SEEK REVIVAL OF THE CASE BEFORE THE TRIBUNAL, IF HIS SETTLEMENT PETITION HEREINABOVE, FOR THE ASSESSMENT YEAR S UNDER CONS IDERATION, IS REJECTED FOR THE TECHNICAL REASONS. 4 . IN THE RESULT, BOTH APPEALS OF THE ASSESSEE ARE DISMISSED IN THE TERMS AS INDICATED ABOVE. O RDER PRONOUNCED IN THE OPEN COURT ON 17 / 12 / 20 20 . SD/ - ( CHANDRA MOHAN GARG ) / JUDICIAL MEMBER CUTTACK ; DATED 17 / 12 /20 20 . . / PKM , S R.P.S. / COPY OF THE ORDER FORWARDED TO : / BY ORDER, ( SENIOR PRIVATE SECRETARY ) , / ITAT, CUTTACK 1. / THE APPELLANT - . PREM KHANDELWAL(HUF), IMFA BUILDING, BOMIKHAL RASULGARH, BHUBANE SWAR - 751010 2. / THE RESPONDENT - ITO WARD - 3(4) , BHUBANESWAR 3. ( ) / THE CIT(A), 4. / CIT 5. , , / DR, ITAT, CUTTACK 6. / GUARD FILE. //TRUE COP Y//