MGM Minerals Ltd., Bhubaneswar V. DCIT, Circle-1(1), Bhubaneswar

ITA 291/CTK/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 2303 (ITAT-CUTTACK)
• Duration Of Justice: 3 year(s) 7 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 31-07-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M K GAUTAM
• Assessee Lawyers: WITHDRAWAL PETITION FILED

Judgement Text

P A G E 1 | 3 IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE S/ SHRI C HANDRA MOHAN GARG , JUDICIAL MEMBER AND LAXMI PRASAD SAHU, ACCOUNTANT MEMBER ITA NO . 291 /CTK/201 7: ASSESSMENT YEAR : 20 08 - 09 ITA NO. 139 /CTK/201 6 : ASSESSMENT YEAR : 200 9 - 10 ITA NO. 292 /CTK/2017: ASSESSMENT YEAR : 20 11 - 12 M GM MINERALS LTD., 2 - A, FOREST PARK, BHUBANESWAR. VS. DCIT, CIRCLE 1(1), BHUBANESWAR. PAN/GIR NO. AADCR 2453 A (APPELLANT ) .. ( RESPONDENT ) ITA NO. 369 /CTK/201 9 : ASSESSMENT YEAR : 20 14 - 15 MGM MINERALS LTD., 2 - A, FOREST PARK, BHUBANESWAR. VS. DCIT, CIRCLE 2(1), BHUBANESWAR. PAN/GIR NO. AADCR 2453 A (APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : W ITHDRAWAL PETITION FILED) REVENUE BY : SHRI M.K.GAUTAM CIT , DR DATE OF HEARING : 9 / 3 / 20 2 1 DATE OF PRONOUNCEMENT : 9 / 3 /20 2 1 O R D E R PER BENCH TH ESE ARE APPEAL S FILED BY THE ASSESSEE AGAINST THE SEPARATE ORDERS OF THE LD CIT(A) - 1, BHUBANESWAR DATED 3.4.2017, 8.1.2016, 3.4.2017 AND 21.6.2019 FOR THE ASSESSMENT YEAR S 2008 - 09, 2009 - 10, 2010 - 12 & 2014 - 15 , RESPECTIVELY. MGM MINERALS LTD., 2 - A, FOREST PARK, BHUBANESWAR P A G E 2 | 3 2. FIRST OF ALL, WE MAY NOTE THAT THE ASSESSEE HAS FILED EARLY HEARING PETITION SEEKING WITHDRAWAL OF APPEALS TO WHICH NO OBJECTION WAS PLACED BY LD CIT DR. THEREFORE, EARLY HEARING APPLICATIONS ARE ALLOWED AND APPEALS TAKEN UP FOR HEARING. 3 . VIDE PETITION S DATED 8. 2 .2021, THE ASSESSEE HAS SUBMITTED THAT THE ASSESSEE HAS PREFERRED AN APPLICATION S IN FORM NO.1 & 2 UNDER VIVAD SE VISVASH SCHEME 2020 TO SETTLE THE DISPUTE INVOLVED IN THE SAID APPEAL S AND RECEIVED CERTIFICATE IN FORM NO.3 FROM THE PR. COMMISSIONER OF INCOME TAX - 1, BHUBANESWAR. IT IS SUBMITTED THAT THE AP PEAL S OF THE ASSESSEE MAY BE DISPOSED OFF TREATING THE SAME AS WITHDRAWN. 4 . KEEPING IN VIEW THESE FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING ESPECIALLY THE FACT , AS SUBMITTED IN THE PETITIONS THAT THE ASSESSEE HAS DULY COMPLIED WITH THE NECESSARY REQU IREMENTS UNDER VIVAD SE VISHWAS SCHEME, 2020, WE DISMISS THE APPEAL S OF THE ASSESSEE TREATING THE SAME AS WITHDRAWN. WE ALSO MAKE IT CLEAR THAT IN A SITUATION, THE GRIEVANCE OF ASSESSEE FOR THE YEAR UNDER CONSIDERATION COULD NOT BE RESOLVED UNDER VIVAD SE VISHWAS SCHEME, THEN THE ASSESSEE WOULD BE ENTITLED TO SEEK RECALL OF THIS DISMISSAL ORDER BY FILING MISCELLANEOUS AP PLICATION S . 5 . IN THE RESULT, THE APPEAL S FILED BY THE ASSESSEE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON 9 / 3 /20 2 1 . S D/ - SD/ - ( LAXMI PRASAD SAHU ) ( CHANDRA MOHAN GARG ) ACCOUNTANT MEMBER JUDICIAL MEMBER CUTTACK; DATED 9 / 3 /20 2 1 B.K.PARIDA, SPS (OS) MGM MINERALS LTD., 2 - A, FOREST PARK, BHUBANESWAR P A G E 3 | 3 COPY OF THE ORDER FORWARDED TO : BY ORDER SR . PVT. S ECRETARY ITAT, CUTTACK 1. THE APPELLANT : MGM MINERALS LTD., 2 - A, FOREST PARK, BHUBANESWAR 2. THE RESPONDENT. DCIT, CIRCLE 1(1),DCIT CIRCLE 2(1), BHUBANESWAR. 3. CIT(A) - 1, BHUBANESWAR. 4 . PR.CIT - 1 , BHUBANESWAR 5 . DR, ITAT, CUTTACK 6 . GUARD FILE. //TRUE COPY//