M/s City Hospital and Research Centre Pvt, Ltd., Jabalpur V. Assistant Commissioner of Income Tax Circle 2(1), Jabalpur

ITA 44/JAB/2018

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 5786 (ITAT-JABALPUR)
• Duration Of Justice: 4 year(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-03-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 15-03-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

1 | P a g e IN THE INCOME TAX APPELLATE TRIBUNAL JABALPUR BENCH, JABALPUR (Through web-based video conferencing platform) BEFORE SHRI SANJAY ARORA, HON’BLE ACCOUNTANT MEMBER & SHRI MANOMOHAN DAS, HON'BLE JUDICIAL MEMBER I.T.A. No. 44/JAB/2018 (Asst. Year : 2014-15) Appellant by : Shri Rahul Bardia, CA Respondent by : Shri S.K. Halder, Sr. DR Date of hearing : 30/03/2022 Date of pronouncement : 30/03/2022 O R D E R Per Bench This is an Appeal by the Assessee-company, agitating its’ assessment under section 143(3) dated 30/11/2016 of the Income Tax Act, 1961 (‘the Act’) for assessment year (AY) 2014-15, on being unsuccessful in first appeal; the first appellate authority having allowed part relief on 15/01/2018. 2. At the outset, it was, with reference to his request letter dated 28/3/2022, submitted by Sh. Bardia, the ld. counsel for the assessee-appellant, that it prays for permission to withdraw the instant appeal as the assessee had since opted for the settlement of it’s tax dispute/s under reference under the Vivad Se Vishwas Sheme, 2020 of the Government of India. Enclosed along with is Form 4 dated 30/9/2021 issued by the competent authority upon verifying the details, also City Hospital & Research Centre Pvt. Ltd., North Civil Lines, Swami Dayanand Saraswati Ward, Jabalpur. PAN : AADCC 3383 N vs. Asst. CIT, Circle-2(1), Jabalpur. (Appellant) (Respondent) ITA No. 44/JAB/2018 (A.Y. 2014-15) City Hospital & Research Centre Pvt. Ltd. v. Asst. CIT 2 exhibiting the payment of the tax payable under the said scheme on 20/4/2021, the due date of which, it was explained, stands extended from time to time. 3. We have heard the parties. Though the process of settlement under the DTVSV Act, 2020 has yet not been finalized inasmuch as Form 5, signifying so, has not been, as explained, issued yet, it is clear that the assessee does not intend to prosecute its’ instant appeal, a statutory right granted under the Act, but to settle its’ tax dispute/s following the alternate dispute resolution route, having completed all the processes in this regard. The said Act itself provides for an automatic vacation of the relevant appeal on the tax dispute being settled thereunder. There was, accordingly, and only understandably so, no objection to the assessee’s request by Sh. Halder, the ld. Sr. DR. We accordingly have no hesitation in permitting withdrawal of the instant appeal, which is rendered not maintainable before the Tribunal, even as liberty for moving it is hereby granted where for any reason the assessee’s application under the said 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 March 30, 2022 Sd/- Sd/- (Manomohan Das) (Sanjay Arora) Judicial Member Accountant Member Dated: 30/03/2022 vr/- ITA No. 44/JAB/2018 (A.Y. 2014-15) City Hospital & Research Centre Pvt. Ltd. v. Asst. CIT 3 Copy of the Order forwarded to: 1. The Appellant: M/s City Hospital & Research Centre Pvt. Ltd., 21/2, North Civil Lines, Jabalpur (M.P.) 2. The Respondent: Assistant CIT, Circle-2(1), Jabalpur 3. The Principal CIT-2, Jabalpur 4. The CIT(Appeals) -1, Jabalpur 5. The Senior DR, ITAT, Jabalpur 6. Guard File By order (VUKKEM RAMBABU) Sr. Private Secretary, ITAT, Jabalpur.