Shri Dinesh Kumar Soni, 555, Risi Galav Nagar, Galta Gate, Jaipur, Jaipur V. Income Tax Officer, Ward-5(4), Jaipur, Ward-5(4), Jaipur

ITA 511/JPR/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4609 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 9 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 12-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MONISHA CHOUDHARYADDL CIT DHK
• Assessee Lawyers: SHYAM SUNDER JANGIDADV

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES B, 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. 511/JP/2019 FU/KZKJ.K O'KZ@ ASSESSMENT YEAR : 2010-11 SHRI DINESH KUMAR SONI, 555, RISI GALAV NAGAR, GALTA GATE, JAIPUR. CUKE VS. I.T.O., WARD-5(4), JAIPUR. LFKK;H YS[KK LA -@THVKBZVKJ LA -@ PAN/GIR NO.: CBMPS 2360 E VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS @ ASSESSEE BY : SHRI SHYAM SUNDER JANGID(ADV) JKTLO DH VKSJ LS @ REVENUE BY: SMT. MONISHA CHOUDHARY(ADDL.CIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 09/02/2021 MN?KKS 'K.KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 10/02/2021 VKNS'K@ ORDER PER: SANDEEP GOSAIN, J.M. THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A)-2, JAIPUR DATED 22/02/2019 FOR THE A.Y. 2010-11. 2. THE HEARING OF THE APPEAL WAS CONCLUDED THROUGH VIDEO CONFERENCE IN VIEW OF THE PREVAILING SITUATION OF COVID-19 PANDEMIC. 3. THE LD. COUNSEL FOR THE ASSESSEE FURNISHED APPLICATION FOR WITHDRAWAL OF THIS APPEAL. THE CONTENTION MADE IN THE SAID APPLICATION READS AS UNDER: THE APPELLANT REQUEST THAT THE CASE IS FIXED FOR HEARING ON 09/02/2021 BUT THE APPELLANT WANTS TO WITHDRAW THE APPEAL BECAUSE CERTIFICATE OF SETTLEMENT IN FORM NO.3 RECEIVED FROM THE ITA 511/JP/2019_ SH. DINESH KUMAR SONI VS ITO 2 PCIT-2, JAIPUR AND FILED FORM NO.4 TO THE IT DEPARTMENT BOTH FORMS ARE BEING ENCLOSED HEREWITH FOR NECESSARY ACTION IN THIS REGARD. THE IT DEPARTMENT ALREADY RECOVERED WHOLE DEMAND BEFORE APPEALED THE MATTER, NOW EXCESS RECOVERED TAX IS REFUNDABLE TO THE APPELLANT. THEREFORE, WE HUMBLE REQUEST BEFORE YOUR HONOR TO DO NEEDFUL ACTION. THANKS. SH. DINESH KUMAR SONI (SHYAM SUNDER JANGID) 4. THE LD DR HAS RAISED NO OBJECTION IF THE APPEAL OF THE ASSESSEE IS 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 HIS APPEAL. ACCORDINGLY, THE APPEAL OF THE ASSESSES IS DISMISSED AS WITHDRAWN. 6. IN THE RESULT, THIS APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10 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:- 10/02/2021 *RANJAN ITA 511/JP/2019_ SH. DINESH KUMAR SONI VS ITO 3 VKNS 'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- SHRI DINESH KUMAR SONI, JAIPUR. 2. IZR;FKHZ @ THE RESPONDENT- THE ITO, WARD-5(4), 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. 511/JP/2019) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR