Delaval Private Limited, Pune V. Deputy Commissioner of Income tax, Pune

ITA 458/PUN/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2578 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 9 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 27-11-2020
• Assessment Year: 2012-2013
• Appeal Filed On: 23-02-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH C , PUNE VIRTUAL COURT BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI , JUDICIAL MEMBER I TA NO. 458 /PUN/201 7 / ASSESSMENT YEAR : 20 12 - 13 DELAVAL PRIVATE LIMITED A 3, ABHIMANSHREE SOCIETY, DR HOMI BHABHA ROAD, PASHAN ROAD, PUNE 411008 PAN: AABCA5137A VS. DCIT , CIRCLE 1(2), PUNE APPELLANT RESPONDENT / ORDER PER R.S.SYAL, VP : TH IS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE FINAL ASSESSMENT ORDER DATED 27 - 12 - 2016 PASSED BY THE ASSESSING OFFICER U/S 143(3) R.W.S. 144C(13) OF THE INCOME - TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) IN RELATION TO THE ASSESSMENT YEAR 2012 - 13. A SSESSEE BY SHRI M.P. LOHIA RE VENUE BY SHRI RAJARSHI DWIVEDY, CIT DATE OF HEARING 2 7 - 1 1 - 2020 DATE OF P RONOUNCEMENT 27 - 1 1 - 2020 ITA NO . 458 /PUN/ 20 1 7 DELAVAL PVT. LTD. 2 2. BEFORE US , THE ASSESSEE HAS FILED A LETTER DATED 2 0 - 11 - 2020 SEEKING PERMISSION TO WITHDRAW THE APPEAL AS IT HA S APPLIED FOR VIVAD SE VISHWAS SCHEME UNDER THE DIRECT TAXES VIVAD SE VISHWAS ACT, 2020. THE RELEV ANT CONTENTS OF SUCH LETTER, READ AS UNDER : THE APPELLANT REFERS TO THE APPEAL FILED BEFORE YOUR HONOURS AGAINST THE FINAL ASSESSMENT ORDER UNDER SECTION 143(3) READ WITH SECTION 144C(13) OF THE ACT, DATED 27 DECEMBER, 2016 PASSED BY THE DEPUTY COMMISSI ONER OF INCOME - TAX, CIRCLE 1(2), PUNE AND THE HEARING FOR THE SAME IS SCHEDULED BEFORE YOUR HONOURS ON 27 NOVEMBER, 2020 (COPY OF THE NOTICE IS ENCLOSED AS ATTACHMENT 1 ). IN THIS REGARD, WE WOULD LIKE TO STATE THAT THE APPELLANT HAS OPTED FOR VIVAD SE VIS HWAS (VSV) IN RESPECT OF APPEAL UNDER CONSIDERATION, BY FILING THE FORM 1 AND 2 ON 15 JUNE 2020 (COPY OF THE SAME IS ENCLOSED AS ATTACHMENT 2 ). FURTHER, VIDE FORM 3, DATED 14 OCTOBER 2020, THE DESIGNATED AUTHORITY HAS ACKNOWLEDGED THE APPLICATION OF APP ELLANT AND HAS DETERMINED THE AMOUNT OF TAX PAYABLE IN RESPECT OF THE APPEAL UNDER CONSIDERATION (THE COPY OF FORM 3 IS ENCLOSED AS ATTACHMENT 3 ). IN THIS REGARD, FOR THE PURPOSE OF FILING OF FORM 4, THE APPELLANT SUBMITS THAT WITHDRAWAL OF APPEAL IS ESSE NTIAL. IN VIEW OF THE SAME AND IN ACCORDANCE WITH THE PROCEDURE PRESCRIBED UNDER VSV SCHEME, THE APPELLANT SUBMITS THAT IT WISHES TO WITHDRAW THE APPEAL. ACCORDINGLY, THE APPELLANT REQUESTS YOUR HONOURS TO PASS THE ORDER CONSIDERING THE ABOVE AND OBLIGE. DO LET US KNOW IN CASE YOUR HONOURS REQUIRE ANY FURTHER INFORMATION / CLARIFICATION. WE REGRET THE INCONVENIENCE CAUSED TO YOUR HONOURS. 3. ON PERUSAL OF THE ABOVE LETTER AND HAVING NO OBJECTION FROM THE SIDE OF LD. DR, WE ALLOW THE REQUEST OF ASSESSE E TO WITHDRAW THE APPEAL. ITA NO . 458 /PUN/ 20 1 7 DELAVAL PVT. LTD. 3 4. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH NOVEM BER , 2020 . SD/ - SD/ - (S.S.VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT PUNE ; DATED : 27 TH NOVEMBER , 2020 GCVSR / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT 3. THE DRP - 3, MUMBAI . 4. THE CONCERNED CIT, PUNE . 5. , , C / DR C , ITAT, PUNE . 6. / GUARD FILE. / BY ORDER, / / TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE ITA NO . 458 /PUN/ 20 1 7 DELAVAL PVT. LTD. 4 DATE 1. DRAFT DICTATED ON 2 7 - 1 1 - 2020 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 2 7 - 1 1 - 2020 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. DATE OF UPLOADING ORDER SR.PS 8. FILE SENT TO THE BENCH CLERK SR.PS 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK 10. DATE ON WHICH FILE GOES TO THE A.R. 11. DATE OF DISPATCH OF ORDER. *