Madhur Vegoils Pvt; Ltd, Kota, Kota V. ITO Ward-1(1), Kota, Ward-1(1), Kota

ITA 601/JPR/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5664 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 5 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-10-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 30-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: CHANCHAL MEENA CIT DHK
• Assessee Lawyers: VSVY WITHDRAWAL

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. 601 & 602/JP/2019 FU/KZKJ.K O'KZ@ ASSESSMENT YEAR : 2013-14 & 2014-15 MADHUR VEGOILS PVT. LTD., 8-C, SMALL SCALE INDUSTRIAL AREA, KOTA, RAJASTHAN. C UKE VS. I.T.O., WARD 1(1), KOTA. LFKK;H YS[KK LA -@THVKBZVKJ LA -@ PAN/GIR NO.: AAGCM 4360 A VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS @ ASSESSEE BY : VSVY (WITHDRAWAL) JKTLO DH VKSJ LS @ REVENUE BY : MS. CHANCHAL MEENA (ADDL.CIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 30/09/2020 MN?KKS 'K.KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 01/10/2020 VKNS'K@ ORDER PER: SANDEEP GOSAIN, J.M. BOTH THESE APPEALS HAVE BEEN FILED BY THE ASSESSEE AGAINST THE SEPARATE ORDERS OF THE LD. CIT(A), KOTA DATED 18/02/2019 AND 01/02/2019 FOR THE A.Y. 2013-14 & 2014-15 RESPECTIVELY. 2. THE HEARING OF THE APPEALS WAS CONCLUDED THROUGH VIDEO CONFERENCE IN VIEW OF THE PREVAILING SITUATION OF COVID-19 PANDEMIC. 3. THE LD. COUNSEL FOR THE ASSESSEE FURNISHED APPLICATIONS FOR WITHDRAWAL OF THESE APPEALS. THE COMMON CONTENTION IN THE SAID APPLICATIONS READ AS UNDER: THE ABOVE NOTED APPEAL IS FIXED FOR HEARING ON 30/09/2020. THAT ASSESSEE HAS OPT FOR THE SCHEME VIVAD SE VISHWAS INTRODUCED BY THE CENTRAL GOVERNMENT DURING UNION BUDGET 2020. ITA 601 & 602/JP/2019_ MADHUR VEGOILS P LTD. VS ITO 2 THAT AS PER THE SCHEME THE ASSESSEE APPELLANT HAS VOLUNTARILY WAIVED ALL HIS RIGHTS, WHETHER DIRECT OR INDIRECT, TO SEEK OR PURSUE ANY REMEDY OR ANY CLAIM IN RELATION TO THE TAX-ARREAR WHICH MAY OTHERWISE BE AVAILABLE TO HIM UNDER ANY LAW FOR THE TIME BEING IN FORCE. (COPY OF FORM 3 IS ENCLOSED HEREWITH) THAT ACCORDINGLY THE ASSESSEE APPELLANT DOES NOT WISH TO PURSUE THE INSTANT INCOME TAX APPEAL PENDING BEFORE THE HONBLE ITAT, JAIPUR BENCH AND THE PENDING APPEAL IS ACCORDINGLY BEING PRAYED TO BE PERMITTED TO BE WITHDRAWN. IT IS THEREFORE MOST HUMBLY REQUESTED THIS APPLICATION BE ALLOWED AND THE INCOME TAX APPEAL FILED BY THE ASSESSEE APPELLANT BE ALLOWED TO BE WITHDRAWN. THANKING YOU YOURS FAITHFULLY FOR MADHUR VEGOILS PVT. LTD. (ASSESSEE APPELLANT) (N.K. BAID/SIDDHARTH RANKA/M.IQBAL/SAURAV HARSH) 4. DURING THE COURSE OF HEARING THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS AVAILED THE IMMUNITY SCHEME I.E. VIVAD SE VISHWAS AND THE INCOME TAX DEPARTMENT HAS SINCE ISSUED FORM 3 BEARING CERTIFICATE NO. 377303340020720 FOR THE A.Y. 2013-14 AND CERTIFICATE NO.377311010020720 FOR THE A.Y. 2014-15 IN RESPONSE TO THE APPLICATION FILED BY THE ASSESSEE, UNDER SECTION 5(1) OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020, THEREFORE THE APPEALS OF THE ASSESSEE MAY BE ALLOWED TO BE WITHDRAWN. ITA 601 & 602/JP/2019_ MADHUR VEGOILS P LTD. VS ITO 3 5. THE LD. DR DID NOT OBJECT IF APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. 6. IN VIEW OF THE ABOVE BOTH THESE APPEAL OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. 7. IN THE RESULT, BOTH THESE APPEAL OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 01/10/2020. 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:- 01/10/2020 *RANJAN VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- MADHUR VEGOILS PVT. LTD., KOTA. 2. IZR;FKHZ @ THE RESPONDENT- THE I.T.O., WARD 1(1), KOTA. 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. 601 & 602/JP/2019) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR