KHANDELWAL MOTORS PVT. LTD., JAIPUR V. INCOME TAX OFFICER, WARD-3-1, JAIPUR

ITA 657/JPR/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2406 (ITAT-JAIPUR)
• Duration Of Justice: 2 year(s) 1 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 07-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MONISHA CHOUDHARY JCIT DHK

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. 657 & 658/JP/2019 FU/KZKJ.K O'KZ@ ASSESSMENT YEARS : 2014-15 & 2015-16 KHANDELWAL MOTORS PVT. LTD., 217, JAGANNATH PURI, WARD NO. 10, JHOTWARA, JAIPUR (RAJ). CUKE VS. I.T.O., WARD 3(1), JAIPUR. LFKK;H YS[KK LA -@THVKBZVKJ LA-@ PAN/GIR NO.: AABCK 5399 L VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS @ ASSESSEE BY : MS. SHIVANGI SAMDHANI (CA) JKTLO DH VKSJ LS @ REVENUE BY: SMT. MONISHA CHOUDHARY(JCIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 18/06/2021 MN?KKS 'K.KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 18/06/2021 VKNS'K@ ORDER PER: SANDEEP GOSAIN, J.M. BOTH ARE THE APPEALS FILED BY THE ASSESSEE AGAINST THE SEPARATE ORDERS OF THE LD. CIT(A), ALWAR BOTH DATED 26/02/2019 FOR THE A.Y. 2014-15 AND 2015-16 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 APPLICATION FOR WITHDRAWAL OF BOTH THESE APPEALS. THE CONTENTION OF ONE OF THE SAID APPLICATIONS READS AS UNDER: ITA 657 & 658/JP/2019_ KHANDELWAL MOTORS P LTD. VS ITO 2 IT IS MOST HUMBLY SUBMITTED THAT THE QUANTUM APPEAL OF THE ASSESSEE FOR A.Y. 2014-15 IS PENDING BEFORE THE HON'BLE BENCH IN ITA NO: 657/JRP/2019. IT IS SUBMITTED THAT THE HON'BLE FINANCE MINISTER IN HER BUDGET SPEECH OF 2020 ANNOUNCED A DISPUTE RESOLUTION SCHEME VIVAD SE VISHWAS. THE SCHEME WAS FORMULATED INTO THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (DTVSV) ON 17 TH MARCH, 2020. THE ACT PROVIDES THAT ANY ASSESSEE WHOSE APPEAL WAS PENDING AS ON 31 ST JANUARY, 2020 CAN SETTLE HIS DISPUTE BY FILING A DECLARATION U/S 4(1) OF DTVSV IN FORM-1 AND FORM-2. THE ABOVE MENTIONED APPEAL WAS PENDING AS ON 31 ST JANUARY. 2020. THE APPEAL HAS NOT BEEN DECIDED TILL DATE, THEREFORE, THE ASSESSEE IS ELIGIBLE FOR OPTING THE SCHEME. THE ASSESSEE FILED DECLARATION IN FORM-1 AND FORM-2 ON 27.03.2021 BEFORE THE DESIGNATED AUTHORITY. ON 15.04.2021, THE ASSESSEE RECEIVED FORM-3 I.E. FORM FOR CERTIFICATE U/S 5(1) OF DTVSV FROM DESIGNATED AUTHORITY. SECTION 4(2) OF DTVSV, PROVIDES THAT WHERE DECLARATION HAS BEEN FILED BY THE ASSESSEE THE APPEAL SHALL BE DEEMED TO BE WITHDRAWN FROM THE DATE ON WHICH CERTIFICATE U/S 5(1) OF DTVSV IS ISSUED BY THE DESIGNATED AUTHORITY. HENCE, IN THE PRESENT CASE, THE APPEAL OF THE ASSESSEE STANDS WITHDRAWN ON 15.04.2021. IN VIEW OF ABOVE YOU ARE REQUESTED TO KINDLY TREAT THE APPEAL OF THE ASSESSEE TO BE WITHDRAWN AND NECESSARY ACTION MAY PLEASE BE TAKEN. SUBMITTED MOST RESPECTFULLY FOR KHANDELWAL MOTORS PVT LTD 4. THE LD DR HAS RAISED NO OBJECTION IF THE APPEALS OF THE ASSESSEE ARE ALLOWED TO BE WITHDRAWN. ITA 657 & 658/JP/2019_ KHANDELWAL MOTORS P LTD. VS ITO 3 5. THEREFORE, IN VIEW OF THE FACT THAT THE ASSESSEE HAS ALREADY APPROACHED THE DEPARTMENT TO SETTLE THE MATTER UNDER VIVAD SE VISHWAS SCHEME, WE PERMIT THE ASSESSEE TO WITHDRAW THEIR APPEALS. ACCORDINGLY, BOTH THESE APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. 6. IN THE RESULT, THESE APPEALS OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH JUNE, 2021. 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:- 18/06/2021 *RANJAN VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- KHANDELWAL MOTORS PVT. LTD., JAIPUR. 2. IZR;FKHZ @ THE RESPONDENT- THE ITO, WARD 3(1), JAIPUR. 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. 657 & 658/JP/2019) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR