M/s Shri Nath Properties, Banda. V. Astt. Commissioner of Income Tax, Kanpur

ITA 5/LKW/2020

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 8373 (ITAT-LUCKNOW)
• Duration Of Justice: 1 year(s) 10 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-11-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 05-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

I.T.A No.05/LKO/2020 1 ShriNath Propertiesvs Asst. CIT (AY 2011-12) IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW “SMC” BENCH, LUCKNOW (Virtual Hearing) BEFORE SHRI SANJAY ARORA,ACCOUNTANT MEMBER I.T.A. No. 05/LKW/2020 Assessment Year: 2011-12 ShriNath Properties, 632, KaluKuwna, Chauraha, Banda, U.P. [PAN:ABMFS 6081L] vs. Asst. CIT, Range-6, Kanpur (Appellant ) (Respondent) Appellant by Written Application Respondent by Shri Ajay Kumar, Sr. DR Date of hearing 16/11/2021 Date of pronouncement /11/2021 ORDER Per Sanjay Arora, AM: This is an Appeal by the Assesseeagitating the Order by the Commissioner of Income Tax (Appeals)-1, Kanpur (‘CIT(A)’ for short) dated 05.11.2019, dismissing the assessee’s appeal contesting its’ assessment under section 143(3) of the Income Tax Act, 1961 (‘the Act’ hereinafter) for assessment year (AY) 2011-12 vide order dated 31.01.2014. 2. None appeared for and on behalf of the assessee-respondent when its’ appeal was called out for hearing. The learned counsel for the assessee, however,has, vide his application dated 08.10.2021, clarified that the assessee does not intend to prosecute it’s instant appeal, and has opted for settlement of its’ tax dispute with the Department under the Direct Tax Vivadse Vishwas Act, 2020 (DTVsV Act), and, consequently, seeks to withdraw its’ appeal. Certificate in Form-5 dated 1.4.2021, issued by the designated authority under the Act on the I.T.A No.05/LKO/2020 2 ShriNath Propertiesvs Asst. CIT (AY 2011-12) conclusion of the proceedings there-under, signifying the settlement of the tax dispute under reference, is also enclosed alongwith. 3. In view of the foregoing, it is apparent that the assessee’s captioned appeal does not survive for adjudication by the Tribunal; the DTVsV Act itself providing for a vacation of the appeal before the appellate forum. I accordingly have no hesitation in, acceding to the assessee-appellants’ request, to which the ld. Sr. DR also did not raise any objection, permit the withdrawal of the said appeal. The assessee’s appeal, therefore, is dismissed as withdrawn/not maintainable. I decide accordingly. 4. In the result, the assessee’sappeal is dismissed in the above terms. Order pronounced in the open Court on November16, 2021 Sd/- (Sanjay Arora) Accountant Member Dated: 16/11/2021 Aks Copy of the order forwarded to: Copy of order forwarded to: (1) The appellant (2) The respondent (3) Commissioner (4) CIT(A) (5) Departmental Representative (6) Guard File