ADINATH BUILDCON PVT. LTD., Jaipur V. DCIT, Jaipur

ITA 435/JPR/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1573 (ITAT-JAIPUR)
• Duration Of Justice: 3 year(s) 8 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 26-05-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ROONI PAULADDL CIT DHK

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES A, JAIPUR JH LANHI XLKA ] U;KF;D LNL; ,OA JH FOE FLAG ;KNO] YS[KK LNL; DS LE{K BEFORE SHRI SANDEEP GOSAIN, JM & SHRI VIKRAM SINGH YADAV, AM VK;DJ VIHY LA-@ ITA NO. 545 & 435/JP/2017 FU/KZKJ.K O'KZ@ ASSESSMENT YEARS : 2008-09 & 2009-10 M/S ADINATH BUILDCON PVT. LTD., K-21, SUNNY HOUSE, MALVIYA MARG, C-SCHEME, JAIPUR. CUKE VS. D.C.I.T. CENTRAL CIRCLE-2, JAIPUR. LFKK;H YS[KK LA -@THVKBZVKJ LA -@ PAN/GIR NO.: AADCA 2574 P VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS @ ASSESSEE BY : SHRI VIJAY GOYAL (FCA) JKTLO DH VKSJ LS @ REVENUE BY: SMT. ROONI PAUL(ADDL.CIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 03/02/2021 MN?KKS 'K.KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 15/02/2021 VKNS'K@ ORDER PER: SANDEEP GOSAIN, J.M. BOTH ARE THE APPEALS FILED BY THE ASSESSEE AGAINST THE SEPARATE ORDERS OF THE LD. CIT(A)-4, JAIPUR DATED 27/04/2017 AND 17/03/2017 FOR THE ASSESSMENT YEARS 2008-09 AND 2009-10 RESPECTIVELY. 2. THE HEARING OF THE APPEALS WAS CONCLUDED THROUGH VIDEO CONFERENCE IN VIEW OF THE PREVAILING SITUATION OF COVID-19 PANDEMIC. 3. AT THE TIME OF HEARING, THE LD. AR APPEARING ON BEHALF OF THE ASSESSEE FURNISHED APPLICATION FOR WITHDRAWAL OF BOTH THESE APPEALS. THE CONTENTION MADE IN ONE OF THE SAID APPLICATION READS AS UNDER: THE ABOVE CASES ARE FIXED FOR HEARING ON 03/02/2021. ITA 545 & 435/JP/2017_ M/S ADINATH BUILDCON PVT. LTD. VS DCIT 2 THE ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS SCHEME AND FORM NO. 3 HAS BEEN ISSUED BY PCIT ON DATED 30/01/2021 (COPY ATTACHED). THE ASSESSEE VIDE LETTER DATED 02/02/2021 (COPY ATTACHED) HAS REQUESTED TO WITHDRAW THE APPEAL. THEREFORE, YOU HONOUR IS REQUESTED KINDLY TO ALLOW THE ASSESSEE TO WITHDRAWAL TO APPEAL. WE SHALL BE HIGHLY OBLIGED FOR YOUR KINDNESS. THANKING YOU AND REMAIN, YOURS FAITHFULLY, (KAPIL JHEJROLIA) FCA/AR 4. THE LD DR HAS RAISED NO OBJECTION IF THE APPEALS OF THE ASSESSEE ARE ALLOWED TO BE WITHDRAWN. 5. THEREFORE, IN VIEW OF THE FACT THAT THE ASSESSEE HAS ALREADY APPROACHED THE DEPARTMENT TO SETTLE THE MATTER UNDER VIVAD SE VISHWAS SCHEME, WE PERMIT THE ASSESSEE TO WITHDRAW THEIR APPEALS. ACCORDINGLY, BOTH THESE APPEALS OF THE ASSESSES ARE DISMISSED AS WITHDRAWN. 6. IN THE RESULT, BOTH THESE APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH FEBRUARY, 2021. SD/- SD/- FOE FLAG ;KNO LANHI XLKA (VIKRAM SINGH YADAV) (SANDEEP GOSAIN) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 15/02/2021 *RANJAN ITA 545 & 435/JP/2017_ M/S ADINATH BUILDCON PVT. LTD. VS DCIT 3 VKNS 'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- M/S ADINATH BUILDCON PVT. LTD., JAIPUR. 2. IZR;FKHZ @ THE RESPONDENT- THE D.C.I.T. CENTRAL CIRCLE-2, JAIPUR. 3. VK;DJ VK;QDR @ CIT 4. VK;DJ VK;QDRVIHY @ THE CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (ITA NO. 545 & 435/JP/2017) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR