Shri Mallikarjun Credit Souharda Sahakari limited, Belgavi V. ITO, Ward - 1, Nipani

ITA 263/PAN/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 8280 (ITAT-PANAJI)
• Duration Of Justice: 2 year(s) 4 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: WT(D)
• Assessment Year: 2010-2011
• Appeal Filed On: 24-09-2019
• Result in Favour of: Revenue
• 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; 143(3); 92; 250

Judgement Text

ITAT-Panaji Page 1 of 3 आयकरअपीलीय Ɋायािधकरण i.kth Ɋायपीठ मŐ। IN THE INCOME TAX APPELLATE TRIBUNAL, PANAJI BENCH, PANAJI (Through Virtual Court at Raipur) BEFORE SHRI RAVISH SOOD, JUDICIAL MEMBER AND SHRI JAMLAPPA D. BATTULL, ACCOUNTANT MEMBER आयकरअपील सं. / ITA Nos. 263 & 264/PAN/2019 िनधाŊरण वषŊ / Assessment Years : 2010-11 & 2016-17 Shri Mallikarjun Credit Souharda Sahakari Ltd. A/P Benadi, Taluka Chikodi, Dist. Belagavi-591215, Karnataka. PAN : AABAS 3055M .......अपीलाथŎ / Appellant बनाम / V/s. Income Tax Officer Ward-1 Nipani, Karnataka ......ŮȑथŎ / Respondent Appearances Assessee by : None for the assessee Revenue by : Shri Sourabh Nayak सुनवाई की तारीख / Date of conclusive Hearing : 23/02/2022 घोषणा की तारीख / Date of Pronouncement : 23/02/2022 आदेश / ORDER PER JAMLAPPA D. BATTULL, AM; The present appeals filed by the appellant assessee are directed against the order of the Commissioner of Income Tax- Appeals, Belgaum [for short “CIT(A)”] dt 19/06/2019 passed u/s 250 of the Income-tax Act, 1961 [for short “the Act”], which in turn ascended from the orders of Assessing Officer [for short “AO”] dt 27/11/2018 & 06/12/2018 passed u/s 143(3) of the Act, for assessment years [for short “AY”] 2010-2011 & 2016-17. ITA No : 263 & 264/PAN/2019 AYs : 2010-2011 & 2016-17 ITAT-Panaji Page 2 of 3 2. On this date of hearing, the departmental representative [for short “DR”] referring to the applications preferred by the assessee vide letter dt 02/11/2021 received by this Tribunal, entreated that appellant assessee has filed an application under Direct Tax Vivad se Vishwas Act, 2020 [for short “VSVA”] against the assailed dispute as under; 3. The applications of the appellant are prima-facie admitted by the designated authority under VSVA and a certificate in the form No 3 were issued as under; 4. It is stated that, in the light receipt of Form No 3 aforesaid, the assessee has filed a written application for withdrawal these appeals pending for adjudication before this Tribunal. The Ld DR, did not controvert the aforesaid factual position as brought before the bench during the course of hearing. 5. In view of the above, we dismiss these appeals as withdrawn, subject to a rider that, in the unlikely event, if the matter is not being resolved under the Vivad se Vishwas scheme for any reasons, the appellant assessee shall have the liberty to approach & revive these appeals through filing of Miscellaneous Applications [for short “MA”] within the applicable time limit under the provisions of the Act for the restoration. Date of filing Acknowledgement/Receipt No 1 ITA/263/PAN/201929/12/2020931631091291220 2 ITA/264/PAN/201929/12/2020931695491291220 SrAppeal No Details of Form No 1 & Form 2 Filed Date of Receipt Acknowledgement/Receipt No 1 ITA/263/PAN/201919/02/2021268275730190221 2 ITA/264/PAN/201905/02/2021242189620050221 SrAppeal No Details of Form No 3 Received from Authority ITA No : 263 & 264/PAN/2019 AYs : 2010-2011 & 2016-17 ITAT-Panaji Page 3 of 3 6. Resultantly, both these appeals of the appellant are dismissed as withdrawn. Order pronounced in Open Court on this Wednesday, 23 rd day of February, 2022 Sd/- Sd/- RAVISH SOOD JAMLAPPA D. BATTULL JUDICIAL MEMBER ACCOUNTANT MEMBER रायपुर / RAIPUR; िदनांक / Dated : 23 rd February, 2022 आदेश की ŮितिलिपअŤेिषत / Copy of the Order forwarded to : 1. अपीलाथŎ / The Appellant. 2. ŮȑथŎ / The Respondent. 3. The CIT (Appeals), Belgaum (Karnataka) 4. The Pr. CIT, Belgaum (Karnataka) 5. िवभागीय Ůितिनिध,आयकर अपीलीय Ɋायािधकरण,i.kth / DR, ITAT, Panaji Bench, Panaji. 6. गाडŊफ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // िनजीसिचव / Private Secretary Sr Event Occurrence Date Attributes 1 Draft dictated on 23/02/2022 Sr.PS/PS 2 Draft placed before author 24/02/2022 Sr.PS/PS 3 Draft proposed and placed before the second Member 24/02/2022 Ld JM 4 Draft discussed/approved by second Member 24/02/2022 Ld JM 5 Approved draft comes to the Sr. PS/PS 24/02/2022 Sr.PS/PS 6 Kept for pronouncement on 23/03/2022 Sr.PS/PS 7 Date of uploading of order Sr.PS/PS 8 File sent to Bench Clerk Sr.PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the Asstt Registrar 11 Date of dispatch of order