Shubh Motors Pvt. Ltd., Jabalpur V. Assistant Commissioner of income tax1(1), Jabalpur

ITA 54/JAB/2018

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 9070 (ITAT-JABALPUR)
• Duration Of Justice: 3 year(s) 10 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-02-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 01-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M. DAYASAGAR
• Section: 153A

Judgement Text

ITA No. 54/Jab/2018 (AY 2010-11) Shubh Motors Pvt Ltd v. Asst. CIT 1 IN THE INCOME TAX APPELLATE TRIBUNAL, JABALPUR BENCH, JABALPUR (through Virtual Hearing) BEFORE SH. SANJAY ARORA, HON'BLE ACCOUNTANT MEMBER & SH. MANOMOHAN DAS, HON’BLE JUDICIAL MEMBER ITA No.54/JAB/2018 Assessment Year: 2010-11 Shubh Motors Pvt. Ltd., Madan Mahal, Jabalpur (M.P.) [PAN: AAKCS 6187M] vs. Assistant Commissioner of Income Tax, Circle 1(1), Jabalpur (Appellant) (Respondent) Appellant by Written Submissions Respondent by Sh. M. Dayasagar CIT DR Date of hearing 10/02/2022 Date of pronouncement 10/02/2022 ORDER Per Bench This is an Appeal by the Assessee agitating the part allowance of his appeal contesting his assessment under section 153A read with ss. 144 & 263 of the Income Tax Act, 1961 (‘the Act’) dated 28/3/2016 for assessment year (AY) 2010-11 by the first appellate authority vide his order dated 16/2/2018. 2. None appeared for the assessee-appellant, even as there is a request for permission to withdraw the appeal on record on the ground that the assessee has since opted for the settlement of his tax dispute/s under reference under the Vivad Se Vishwas Sheme, 2020 of the Government of India. Enclosed along with is Form 3 dated 31/1/2021 issued by the competent authority upon ITA No. 54/Jab/2018 (AY 2010-11) Shubh Motors Pvt Ltd v. Asst. CIT 2 verifying the details, as well as proof of deposit of tax as specified therein on 20/3/2021. 3. We have heard the party before us. Though the process of settlement under the DTVSV Act has yet not been finalized inasmuch as Form 5, signifying so, has apparently not been 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 in fact 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. Dayasagar, the ld. CIT-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 DTVsV 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 February 10, 2022 Sd/- Sd/- (Manomohan Das) (Sanjay Arora) Judicial Member Accountant Member Dated: 10/02/2022 Copy of the Order forwarded to: 1. The Appellant: Shubh Motors Pvt. Ltd. B/663, Mahanada, Nagpur Road, Madan Mahal, Jabalpur (M.P.) - 482001 2. The Respondent: Assistant CIT, Circle-1(1), Jabalpur 3. The Pr. CIT-1, Jabalpur 4. The CIT(Appeals)-1 Jabalpur 5. The Sr. DR, ITAT, Jabalpur 6. Guard File // True Copy //