Diwan Singh Fartiyal, Haldwani V. ITO, Ward-1(1), Haldwani

ITA 5653/DEL/2018

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 4703 (ITAT-DEHRADUN)
• Duration Of Justice: 3 year(s) 9 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 30-08-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL [ DEHRADUN BENCH: DEHRADUN ] BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI N.K. CHOUDHRY, JUDICIAL MEMBER ITA No. 5653/Del/2018 Assessment Year: 2011-12 Shri Diwan Singh Fartiyal, Shanti Nagar, Bhotia Parao, Haldwani. PAN: AYXPS2637N Versus Income Tax Officer, Ward : 1 (1), Haldwani. (Appellant) (Respondent) Assessee by : N o n e; Department by : Shri N.C. Upadhyay, Sr. D.R. Date of hearing : 22.06.2022 Date of order : 22.06.2022 ORDER PER N.K. CHOUDHRY, J.M. This appeal has been preferred by the Assessee against the order dated 18.05.2018, impugned herein, passed by the ld. Commissioner of Income Tax (Appeals), Haldwani, for the assessment year 2011-12. 2. The Assessee has submitted that since the Assessee has availed the immunity scheme i.e. Vivad Se Vishwas under The Direct Tax Vivad se Vishwas Act, 2020 and the Income Tax Department has issued Form No. 5 in response to the application filed by the Assessee under the scheme, therefore, the Assessee’s appeal may be dismissed as withdrawn. [2] 3. The Ld. DR did not refute the factual position as narrated by the Assessee. 4. Considering submission of the Assessee for withdrawal of the appeal and Form-5 dated 12.11.2021 (Copy already on record) issued by the Department, the appeal of Assessee is liable to be dismissed as withdrawn, hence, ordered accordingly. 5. In the result, Assessee’s appeal under consideration stands dismissed as withdrawn. Order pronounced in the open court on: 22/06/2022. Sd/- Sd/- (ANIL CHATURVEDI) (N.K. CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 22.06.2022. *MEHTA* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT Assistant Registrar ITAT New Delhi Draft dictated 22/06/2022 Draft placed before author 22/06/2022 Approved Draft comes to the Sr.PS/PS 22/06/2022 Order signed and pronounced on 22/06/2022 Date of uploading on the website 22/06/2022 File sent to the Bench Clerk 22/06/2022 Date on which file goes to the AR Date on which file goes to the Head Clerk. Date of dispatch of Order.