M/s Bhagwandas Shobhalal Jain, Jabalpur V. Addl. Commissioner Of Income Tax, Jabalpur

ITA 59/JAB/2013

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3558 (ITAT-JABALPUR)
• Duration Of Justice: 8 year(s) 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2005-2006
• Appeal Filed On: 09-04-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S K HALDER
• Section: 143(3)

Judgement Text

BHAGWASDAS SHOBALAL JAIN V. ADDL. CIT ITA NO. 59/JAB/2013 (AY 2005-06) IN THE INCOME TAX APPELLATE TRIBUNAL, JABALPUR BENCH , JABALPUR (SMC) BEFORE SH. SANJAY ARORA, ACCOUNTANT MEMBER ITA NO.59/JAB/2013 ASSESSMENT YEAR: 2005-06 BHAGWANDAS SHOBHALAL JAIN 132, DUTTA VILLA, NAPIER TOWN JABALPUR -482001 [PAN: AACFB 8972A] VS. ADDL. COMMISSIONER OF INCOME TAX, RANGE 1, JABALPUR (APPELLANT) (RESPONDENT) APPELLANT BY SHRI AYUSH GUPTA, ADV. FOR SH. MUKESH AGARWAL RESPONDENT BY SH. S.K. HALDER, SR.DR DATE OF HEARING 09/06/2021 DATE OF PRONOUNCEMENT 09/06/2021 ORDER PER SANJAY ARORA, AM THIS IS AN APPEAL BY THE ASSESSEE DIRECTED AGAINST THE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS), JABALPUR (CI T(A) FOR SHORT) DATED 12/9/2012, PARTLY ALLOWING THE ASSESSEES APPEAL CO NTESTING HIS ASSESSMENT UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 (' THE ACT' HEREINAFTER) DATED 31/12/2007 FOR THE ASSESSMENT YEAR (AY) 2005-06. PE R THE INSTANT APPEAL, THE ASSESSEE AGITATES THE IMPUGNED ORDER ON SEVERAL GRO UNDS. 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY THE LD. COUNSEL FOR THE ASSESSEE, SHRI GUPTA, THAT THE ASSESSEE HAS OPTED FOR VIVAD SE VISWAS SCHEME, 2020, DEPOSITING THE REQUISITE TAX THEREUNDER WITH THE CE NTRAL GOVERNMENT. THE REQUISITE CERTIFICATE UNDER THE DIRECT TAX VIVAD SE VISWAS ACT, 2020 (DTVSV ACT, HEREINAFTER) READ WITH THE RELEVANT RULES, IS THOUGH AWAITED. THE ASSESSEE, THEREFORE, DOES NOT INTEND TO PROSECUTE ITS CAPTIO NED APPEAL, BUT TO WITHDRAW THE BHAGWASDAS SHOBALAL JAIN V. ADDL. CIT ITA NO. 59/JAB/2013 (AY 2005-06) SAME ON THE RECEIPT OF THE RELEVANT FORM/S UNDER TH E SAID ACT/RULES. HE, ON BEING ASKED, CONVEYED HIS CONSENT TO THE APPEAL BEI NG DISMISSED AS WITHDRAWN SUBJECT TO THE RIGHT OF RESTITUTION, I.E., IN THE I MPROBABLE EVENT OF ITS APPLICATION UNDER DTVSV ACT BEING NOT ACCEPTED BY THE DEPARTMEN T FOR ANY REASON. THE LD. DR, SH. HALDER ON BEING ASKED, DID NOT HAVE ANY OBJECTION TO THE ASSESSEE WITHDRAWING ITS APPEAL UNDER THE CIRCUMST ANCES. 3. I HAVE HEARD THE PARTIES. IN VIEW OF THE ASSESSE E HAVING OPTED FOR AVAILING THE BENEFITS UNDER THE DTVSV ACT, IT HAS, IN PRINCI PLE, RELINQUISHED ITS RIGHTS UNDER THE APPEAL, WHICH BECOMES UNMAINTAINABLE UNDE R THE SAID ACT. IF, HOWEVER, THE ASSESSEES APPLICATION UNDER THE SAID ACT IS, FOR ANY REASON, FOUND UNACCEPTABLE, IT IS AT LIBERTY TO MOVE THIS TRIBUNA L FOR RESTORATION OF ITS APPEAL INASMUCH AS NO PREJUDICE TO THE ASSESSEE CAN BE OR IS ENVISAGED TO BE CAUSED BY THE WITHDRAWAL OF ITS APPEAL, WHICH RATHER FOLLOWS IN CONSEQUENCE. 4. THE ASSESSEES APPEAL IS, SUBJECT TO THE RIGHT OF RESTITUTION AFORE-SAID, ALLOWED TO BE WITHDRAWN. I DECIDE ACCORDINGLY. 5. IN THE RESULT, THE ASSESSEES APPEAL IS DISMISSE D AS NOT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON JUNE 09, 2021 SD /- (SANJAY ARORA) A CCOUNTANT MEMBER DATED: 09/06/2021 COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT: M/S. BHAGWANDAS SHOBHALAL JAIN, 132, DUTTA VILLA, NAPIER TOWN, JABALPUR -482001 2. THE RESPONDENT: ADDL. CIT, RANGE-1, AAYAKAR BHAWAN, NAPIER TOWN, JABALPUR -482001 3. PR. CIT-1, JABALPUR 4. CIT(A)-1, JABALPUR 5. SR. DR, ITAT 6. GUARD FILE // TRUE COPY //