Shyam Narayan Ningunkar , Yavatmal V. ITO Ward-2, Yavatmal

ITA 55/NAG/2020

AI Insights

The case involves an appeal by Shyam Narayan Ningunkar against the order of the Commissioner of Income Tax (Appeals)-2, Nagpur, concerning the assessment year 2011-12. The appeal was related to an order under section 143(3) of the Income Tax Act, 1961, dated 27.02.2014. During the proceedings, it was revealed that the Assessee had availed the benefits of the Vivad se Visvas Scheme - 2020, a scheme aimed at resolving tax disputes, and had submitted Form No.5 to this effect. Consequently, the Assessee requested the withdrawal of the appeal, which was unopposed by the Revenue.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 136137 (ITAT-NAGPUR)
• Duration Of Justice: 3 year(s) 6 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-09-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 31-08-2023
• Assessment Year: 2011-2012
• Appeal Filed On: 02-03-2020
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

।आयकर अपीलीय अिधकरण Ɋायपीठ नागपुर मŐ। IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH : : NAGPUR [VIRTUAL HEARING AT PUNE] BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER आयकर अपील सं. / ITA No.55/NAG/2020 िनधाᭅरण वषᭅ / Assessment Year : 2011-12 Shyam Narayan Ningunkar, Vaidhya Nagar Arni Road, Yavatmal – 445001. V s The Income Tax Officer, Ward-2, Yavatmal. Appellant / Assessee Respondent / Revenue Assessee by Shri Ashok Bhandari – Adv. Revenue by Shri Rishi Kumar Bisen – DR Date of hearing 01/09/2023 Date of pronouncement 15/09/2023 आदेश/ ORDER PER DR. DIPAK P. RIPOTE, AM: This appeal filed by the Assessee is directed against the order of ld.Commissioner of Income Tax(Appeals)-2, Nagpur dated 12.12.2019 for the A.Y.2011-12, emanating out of order under section 143(3) of the Income Tax Act, 1961 dated 27.02.2014 (in short “the Act”). ITA No.55/NAG/2020 Shyam Narayan Ningunkar [A] 2 2. The appeal came up hearing on 1 st September, 2023. At the time of hearing, Shri Ashok Bhandari, Advocate appeared on behalf of the assessee. However, perusal of the record shows that the assessee submitted application in which he has submitted that the he has already been issued Form No.5 vide Authority Certificate No.38063070060421 dt. 06.04.2021 and settled dispute with Income Tax Department by availing the benefits of Vivad se Visvas Scheme -2020 (VSVS-20). The assessee further requested to withdraw the appeal. The said Form No.V mentioned the ITA No.55/NAG/2020, A.Y.2011-12. 3. On the other hand the learned Departmental Representative (DR) accepted that assessee has filed Form No.5 which has been issued to the assessee and he has no objection, if the appeal of the Assessee is dismissed as withdrawn. 4. In the result, the appeal filed by the Assessee stands dismissed as ‘withdrawn’. Order pronounced in the open Court on 15 th Sep, 2023. Sd/- Sd/- (S.S.GODARA) (DR. DIPAK P. RIPOTE) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 15 th Sep, 2023/ SGR* ITA No.55/NAG/2020 Shyam Narayan Ningunkar [A] 3 आदेश कᳱ ᮧितिलिपअᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The CIT(A), concerned. 4. The Pr. CIT, concerned. 5. िवभागीयᮧितिनिध,आयकर अपीलीय अिधकरण, नागपुर बᱶच, नागपुर/ DR, ITAT, Bench, Nagpur. 6. गाडᭅफ़ाइल / Guard File. आदेशानुसार / BY ORDER, // TRUE COPY // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे/ITAT, Pune.