M/s. Seth B.N. Agarwal & Co., Betul V. Income Tax Officer, Betul

ITA 3/JAB/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2811 (ITAT-JABALPUR)
• Duration Of Justice: 2 year(s) 4 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 25-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SWATI AGARWAL
• Assessee Lawyers: G N PROHIT
• Section: 143(3)

Judgement Text

SETH B.N. AGRAWAL & CO . V. ITO, BETUL ITA NO. 03/JAB/2019 (AY 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 NO.03/JAB/2019 ASSESSMENT YEAR: 2013-14 SETH B.N. AGRAWAL & COMPANY, BETUL (M.P.) [PAN: AAMFS 5240G] VS. INCOME TAX OFFICER, BETUL (M.P.) (APPELLANT) (RESPONDENT) APPELLANT BY SH. G.N. PROHIT SR. ADV. RESPONDENT BY SMT. SWATI AGARWAL, SR. DR DATE OF HEARING 22/06/2021 DATE OF PRONOUNCEMENT 22/06/2021 ORDER PER SANJAY ARORA, AM THIS IS AN APPEAL BY THE ASSESSEE DIRECTED AGAINST THE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS)-3, BHOPAL (CI T(A) FOR SHORT) DATED 30/10/2018, PARTLY ALLOWING THE ASSESSEES APPEAL C ONTESTING ITS ASSESSMENT UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 (' THE ACT' HEREINAFTER) FOR THE ASSESSMENT YEAR (AY) 2013-14 VIDE ORDER DATED 02/11 /2015. 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY SH. PURO HIT, THE LD. COUNSEL FOR THE ASSESSEE, THAT THE ASSESSEE INTENDS TO WITHDRAW ITS APPEAL IN VIEW OF IT HAVING OPTED FOR THE VIVAD SE VISWAS SCHEME, 2019. THE S AME HAS SINCE BEEN ACCEPTED AND FORM 3, SIGNIFYING THE SAME, ISSUED, W ITH THE ASSESEE HAVING DEPOSITED THE REQUISITE TAX THEREUNDER WITH THE CEN TRAL GOVERNMENT ON 19/12/2020 (COPY OF FORM-4 ON RECORD). THE WITHDRAW AL, APPLIED FOR VIDE LETTER SETH B.N. AGRAWAL & CO . V. ITO, BETUL ITA NO. 03/JAB/2019 (AY 2013-14) 2 DATED 12/2/2021, MAY ACCORDINGLY BE PERMITTED. THE LD. SR. DR, MS. AGARWAL, DID NOT RAISE ANY OBJECTION TO THE ASSESSEE WITHDRA WING ITS APPEAL UNDER THE CIRCUMSTANCES. 3. I HAVE HEARD THE PARTIES. IN VIEW OF THE ASSESSE E HAVING OPTED FOR AVAILING THE BENEFITS UNDER THE DTVSV ACT, SINCE ACCEPTED, H IS RIGHTS UNDER THE APPELLATE PROCEDURE UNDER THE ACT GET WAIVED AND, CONSEQUENTL Y, ITS APPEAL UNDER THE ACT BECOMES, IN TERMS OF THE SAID ACT, NOT MAINTAINABLE . THE WITHDRAWAL OF THE APPEAL BECOMES, UNDER THE CIRCUMSTANCES, CONSEQUENT IAL. I HAVE, THEREFORE, NO HESITATION IN DIRECTING THE WITHDRAWAL OF THE CAPTI ONED APPEAL. I DECIDE ACCORDINGLY. 4. IN THE RESULT, THE ASSESSEES APPEAL IS DISMISSE D AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON JUNE 22, 2021 S D/- (SANJAY ARORA) A CCOUNTANT MEMBER DATED: 22/06/2021 COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT: M/S. SETH B.N. AGRAWAL & COMPANY, CH HINDWARA ROAD, MULTAI, DISTRICT BETUL - 460661 (M.P.) 2. THE RESPONDENT: INCOME TAX OFFICER, AAYAKAR BHAWAN, COLLEGE ROAD, BETUL 460001 (M.P.) 3. PR. CIT-1, BHOPAL 4. CIT(A)-3, BHOPAL 5. SR. DR, ITAT 6. GUARD FILE // TRUE COPY //