Prathamik Shikshak Sahakari Bank Ltd., Kolhapur V. Assistant Commissioner of Income-tax,

ITA 2677/PUN/2016

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0905 (ITAT-PUNE)
• Duration Of Justice: 4 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 28-11-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MAHADEVAN A M KRISHNAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUN E (THROUGH VIRTUAL COURT) BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI PARTHA SARATHI CHAUDHURY, JM . / ITA NO.2677/PUN/2016 / ASSESSMENT YEAR : 2008-09 PRATHAMIK SHIKSHAK SAHAKARI ....... / APPELLANT BANK LTD., 1031/C-2, E WARD, GAVAT MANDAI, SHAHUPURI, KOLHAPUR. PAN : AAAAT0946M. / V/S. THE ASST.COMMISSIONER OF INCOME TAX, CIRCLE 2, KOLHAPUR. / RESPONDENT ASSESSEE BY : NONE (WITHDRAWAL APPLICATION FILED) REVENUE BY : SHRI MAHADEVAN A.M. KRISHNAN. / DATE OF HEARING : 21.12.2020 / DATE OF PRONOUNCEMENT : 21.12.2020 / ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE OR DER PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)-2, KOLHAPUR ON 06.10.2 016 IN RELATION TO THE ASSESSMENT YEAR 2008-09. 2. BEFORE US, THE ASSESSEE HAS FILED A LETTER DATED 18.12.2 020 SEEKING WITHDRAWAL OF THE APPEAL. THE RELEVANT CONTENTS OF SUCH LE TTER READS AS UNDER : WE HAVE OPTED FOR THE DIRECT TAXES VIVAD SE VISHWA S SCHEME IN RESPECT OF THE APPEAL FOR A.Y. 2008-09. ACCORDINGLY, WE HAVE BEEN ISSUED FORM NO.3 BY THE PR.CIT, IN RESPONSE TO OUR APPLICATION. 2 ITA NO.2677/PUN/2016 WE HAVE ACCORDINGLY INTIMATED OUR INTENTION TO WITH DRAW OUR APPEAL FOR A.Y. 2008-09 TO YOUR HONOUR. APPEAL FOR A.Y. 2010-11, IS A CONSEQUENTIAL APPEAL, WHERE IN THE SET OFF OF BROUGHT FORWARD LOSSES FROM A.Y. 2008-09 IS IN DISP UTE. IN AY 2008-09 WE HAVE PAID TAXES UNDER VIVAD SE VIS HWAS SCHEME SETTLING THE DISPUTE REGARDING DISALLOWANCE OF RS.1,95,54,338. ACCORDINGLY, WE WILL B ELIGIBLE FOR CARRY FORWARD AND ITS SET OFF OF LOSSE S FROM AY 2008-09 IN A.Y. 2010- 11. COPY OF FORM NO.3 AS ISSUED IS ENCLOSED. 3. THE LD. DR DID NOT RAISE ANY OBJECTION TO THE WITHDRAW AL OF THE APPEAL FILED BY THE ASSESSEE. AS SUCH, THE ASSESSEE IS PERMITTED TO WITHDRAW THE APPEAL. 4. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST DAY OF DECEMBER, 2020. SD/- SD/- (PARTHA SARATHI CHAUDHURY) (R.S. SYAL) JUDICIAL MEMBER VICE PRESIDENT / PUNE; / DATED : 21 ST DECEMBER, 2020. YAMINI / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(A)-2, KOLHAPUR. 4. THE PR.CIT 2, KOLHAPUR. 5. , , , / DR, ITAT, B BENCH, PUNE. 6. ! / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE.