G.Krishna Rao Subudhi, Rayagada V. ITO,Rayagada, Rayagada

ITA 322/CTK/2019

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 8210 (ITAT-CUTTACK)
• Duration Of Justice: 1 year(s) 2 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2001-2002
• Appeal Filed On: 09-10-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S C MOHANTY
• Assessee Lawyers: J M PATTNAIK

Judgement Text

, . . , , IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH , CUTTACK , BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER ./ ITA NO. 322 / CTK /20 1 9 ( / ASSE SSMENT YEAR : 20 01 - 20 02 ) G.KRISHNA RAO SUBUDHI, PROPRIETOR SRI JAGANNATH ENTERPRISES, GUNUPUR, DIST - RAYAGADA VS. ITO, RAYAGARA WARD, RAYAGARA / PAN NO. : A CQPG 9772 A ( / APPELLANT ) .. ( / RESPONDENT ) / AS SESSEE BY : SHRI J.M.PATTNAIK , A R /REVENUE BY : SHRI S.C.MOHANTY, DR / DATE OF HEARING : 1 8 / 12 /20 20 / DATE OF PRONOUNCEMENT 1 8 / 12 /20 20 / O R D E R THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER DATED 18.07.2019 , PASSED BY THE CIT(A) - 1 , BHUBANESWAR FOR THE ASSESSMENT YEAR 20 01 - 20 02 . 2. AT THE OUTSET, LD. AR OF THE ASSESSEE DREW ATTENTION TO THE APPLICATION DATED 20.11.2020 , WHICH IS PLACED ON THE RECORD AND SUBMITTED THAT THE ASS ESSEE HAS ALREADY FILED APPLICATION FOR THE ASSESSMENT YEAR UNDER CONSIDERATION REGARDING SETTLEMENT SOUGHT IN THE FORM - I UNDER THE DIRECT TAX VIVAD SE VISHWAS BILL, 2020 BEFORE THE PRESCRIBED AUTHORITY(IES) THEREIN. LD. DR HAS NO OBJECTION TO THE SUBMIS SION MADE BY THE LD. AR OF THE ASSESSEE IN THIS REGARD. 3 . ON PERUSAL OF THE APPLICATION PLACED ON RECORD OF THE TRIBUNAL, I FIND THAT THE ASSESSEE HAS PROPOSED TO SETTLE THE CASE TAKING THE BENEFIT UNDER ITA NO. 322 /CTK/20 1 9 2 THE DIRECT TAX VIVAD SE VISHWAS BILL, 2020. I , THE REFORE, AM OF THE OPINION THAT THE APPEAL OF THE ASSESSEE DESERVE S TO BE DISMISSED AT THIS STAGE WITH A RIDER THAT IT SHALL BE VERY MUCH OPEN TO THE ASSESSEE/TAXPAYER TO SEEK REVIVAL OF THE CASE BEFORE THE TRIBUNAL, IF HIS SETTLEMENT PETITION HEREINABOVE, FOR THE ASSESSMENT YEAR UNDER CONSIDERATION, IS REJECTED FOR THE TECHNICAL REASONS. 4 . IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED IN THE TERMS AS INDICATED ABOVE. O RDER PRONOUNCED IN THE OPEN COURT ON 1 8 / 12 / 20 20 . SD/ - ( CHANDRA MOHAN GA RG ) / JUDICIAL MEMBER CUTTACK ; DATED 1 8 / 12 /20 20 . . / PKM , S R.P.S. / COPY OF THE ORDER FORWARDED TO : / BY ORDER, ( SENIOR PRIVATE SECRETARY ) , / ITAT, CUTTACK 1. / THE APPELLANT - . G.KRISHNA RAO SUBUDHI, PROPRIETOR SRI JAGANNATH ENTERPRISES, GUN UPUR, DIST - RAYAGADA 2. / THE RESPONDENT - ITO , RAYAGARA, WARD, RAYAGARA 3. ( ) / THE CIT(A), 4. / CIT 5. , , / DR, ITAT, CUTTACK 6. / GUARD FILE. //TRUE COPY//