Assistant Commissioner of income tax Circle 1(1), V. Om Prakash Agrawal (HUF), Jabalpur

ITA 30/JAB/2016

• Counselvise Citation: [NaN] 107 COUNSELVISE.COM (IT) 2078 (ITAT-JABALPUR)
• Duration Of Justice: 5 year(s) 11 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-02-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 02-03-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: M. DAYASAGAR
• 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; 5(2)

Judgement Text

ITA No. 30 /Jab/2016 (AY 2011-12) Om Prakash Agrawal (HUF) v. Asst. CIT 1 IN THE INCOME TAX APPELLATE TRIBUNAL, JABALPUR BENCH, JABALPUR (through Virtual Hearing) BEFORE SH. SANJAY ARORA, HON’BLE ACCOUNTANT MEMBER & SH. MANOMOHAN DAS, HON’BLE JUDICIAL MEMBER ITA No. 30/JAB/2016 Assessment Year: 2011-12 Om Prakash Agrawal (HUF) Prop. M/s Piyush Traders, S-7, Gayatri Bhawan, Near Krishi Upaj Mandi, Damoh Road, Jabalpur 482 002 [PAN: AAAHO 3383C] vs. Assistant Commissioner of Income Tax, Circle 1(1) , Jabalpur (Appellant) (Respondent) Appellant by Sh. Rahul Bardia, FCA Respondent by Sh. M. Dayasagar, CIT-DR Date of hearing 03/02/2022 Date of pronouncement 03/02/2022 ORDER Per Sanjay Arora, AM This is an appeal by the Revenue directed against the Order by the Commissioner of Income-tax (Appeals)-I, Jabalpur (‘CIT(A)’ for short) dated 03/11/2015, partly allowing the assessee’s appeal contesting its’ assessment under section 143(3) of the Income Tax Act, 1961 (‘the Act’) dated 28/3/2014 for assessment year (AY) 2011-12. 2. At the outset, it was submitted by Sh. Bardia that the assessee has opted for the settlement of it’s tax dispute under reference under the Vivad Se Vishwas Sheme, 2020 of the Government of India. Though the Certificate in Form 5, signifying the full and final settlement of the tax under dispute, issued under section 5(2) read with section 6 of the Direct Taxes Vivad Se Vishwas ITA No. 30 /Jab/2016 (AY 2011-12) Om Prakash Agrawal (HUF) v. Asst. CIT 2 Act, 2020 by the Revenue, has not been issued yet, marking the closure of the process, the same is only due to some technical issues being faced. The assessee’s application under the said Act stands accepted and approved by the competent authority there-under. The instant appeal, he would request, be therefore permitted to be withdrawn. 3. We have heard the parties. Though the process of settlement under the DTVSV Act has yet not been finalized, it is clear that the assessee does not intend to prosecute its’ appeal, a statutory right granted under the Act, but to settle its’ tax dispute under the said Act, having completed all the processes in this regard, viz. paying the tax; uploading Form 4 on the Revenue’s E-portal, etc., as explained by Sh. Bardia. The said Act, which provides an alternate dispute resolution route for an assessee, whether as an appellant or respondent, rather itself provides for an automatic vacation of the relevant appeal on the tax dispute being settled thereunder. There was, therefore, and only understandably so, no objection to Sh. Bardia’s request by Sh. Dayasagar, the ld. CIT-DR. We accordingly have no hesitation in permitting withdrawal of the said appeal, which stands rendered not maintainable before the Tribunal, even as liberty for moving the Tribunal for restoration of the appeal is hereby granted where for any reason the assessee’s application/s under the DTVsV Act does not reach its logical end. 4. In the result, the captioned appeal is dismissed as not maintainable. Order pronounced in the open court on February 03, 2022 Sd/- Sd/- (Manomohan Das) (Sanjay Arora) Judicial Member Accountant Member Dated: 03/02/2022 ITA No. 30 /Jab/2016 (AY 2011-12) Om Prakash Agrawal (HUF) v. Asst. CIT 3 Copy of the Order forwarded to: 1. The Appellant: Om Prakash Agrawal (HUF) Prop. M/s Piyush Traders, S- 7, Gayatri Bhawan, Near Krishi Upaj Mandi, Damoh Road, Jabalpur 482002 2. The Respondent: Assistant CIT, Circle 1(1) , Jabalpur 3. The Principal CIT-1, Jabalpur 4. The CIT(Appeals)-1, Jabalpur 5. The CIT-DR, ITAT, Jabalpur 6. Guard File // True Copy //