M/s. Exim india Oil Company Ltd, Cuttack V. DCIT, Cuttack

ITA 69/CTK/2008

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 2427 (ITAT-CUTTACK)
• Duration Of Justice: 13 year(s) 7 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-10-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 02-12-2021
• Assessment Year: 1996-1997
• Appeal Filed On: 04-03-2008
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BEFORE S/ AND MANISH BORAD, ACCOUNTANT MEMBER M/S. EXIM INDIA OIL COMPANY LTD., AT: TIBAREWAL NAGAR, NH JAGATPUR, CUTTACK PAN/GIR NO. (APPELLANT PER BENCH THIS IS AN APPEAL FILED BY THE CIT(A), CUTTACK DATED 16.11.2007 2. IN THIS CASE, THE ASSESSEE HAS VISWAS SCHEME REQUEST THAT T THE DECLARATIONS IN FORM NO. 1 AND FORM NO. 2 AND THE DESIGNATED AUTHORITY HAS ISSUED THE CERTIFICATE IN FORM NO. 3 AS PER SECTION 5(1) OF THE SCHEME ACCEPTING THE ASSESSEES DECLARATION UNDER THE SAME SCHEME. 3. KEEPING IN VIEW THESE FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING ESPECIALLY THE FACT THAT THE ASSESSEE HAS DULY COMPLIED WITH THE NECESSARY REQUIREMENTS UNDER VIVAD SE VISHWAS SCHEME, 2020 SOUGHT BY THE ASSESSEE IS GRANTED AND THIS AP IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK S/ SHRI CHANDRA MOHAN GARG, JUDICIAL AND MANISH BORAD, ACCOUNTANT MEMBER ITA NO.69/CTK/2008 ASSESSMENT YEAR : 1996-97 M/S. EXIM INDIA OIL COMPANY LTD., AT: TIBAREWAL NAGAR, NH -5, JAGATPUR, CUTTACK VS. ACIT, CIRCLE 1(1), CUTTACK NO. N.A. (APPELLANT ) .. ( RESPONDENT ASSESSEE BY : SHRI B.K.TIBREWAL, ASSESSEE REVENUE BY : SHRI M.K.GAUTAM, DATE OF HEARING : 28 /10 / 20 DATE OF PRONOUNCEMENT : 28/ 10 O R D E R THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE OR CUTTACK DATED 16.11.2007 FOR THE ASSESSMENT YEAR IN THIS CASE, THE ASSESSEE HAS PREFERRED APPLICATION VISWAS SCHEME TO SETTLE THE DISPUTE INVOLVED IN THE SAID APPEAL T HE APPEAL MAY BE DISPOSED OFF. THE ASSESSEE HAS DULY FILED THE DECLARATIONS IN FORM NO. 1 AND FORM NO. 2 AND THE DESIGNATED AUTHORITY HAS ISSUED THE CERTIFICATE IN FORM NO. 3 AS PER SECTION 5(1) OF THE SCHEME ACCEPTING THE ASSESSEES DECLARATION UNDER THE SAME SCHEME. KEEPING IN VIEW THESE FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING ESPECIALLY THE FACT THAT THE ASSESSEE HAS DULY COMPLIED WITH THE NECESSARY REQUIREMENTS UNDER VIVAD SE VISHWAS SCHEME, 2020 SOUGHT BY THE ASSESSEE IS GRANTED AND THIS AP PEAL OF THE ASSESSEE IS P A G E 1 | 2 IN THE INCOME TAX APPELLATE TRIBUNAL, JUDICIAL MEMBER AND MANISH BORAD, ACCOUNTANT MEMBER ACIT, CIRCLE 1(1), RESPONDENT ) ASSESSEE CIT (DR) / 20 21 10 /2021 ASSESSEE AGAINST THE OR DER OF THE FOR THE ASSESSMENT YEAR 1996-97 PREFERRED APPLICATION UNDER VIVAD SE TO SETTLE THE DISPUTE INVOLVED IN THE SAID APPEAL AND THE ASSESSEE HAS DULY FILED THE DECLARATIONS IN FORM NO. 1 AND FORM NO. 2 AND THE DESIGNATED AUTHORITY HAS ISSUED THE CERTIFICATE IN FORM NO. 3 AS PER SECTION 5(1) OF THE SCHEME ACCEPTING THE ASSESSEES DECLARATION UNDER THE SAME SCHEME. KEEPING IN VIEW THESE FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING ESPECIALLY THE FACT THAT THE ASSESSEE HAS DULY COMPLIED WITH THE NECESSARY REQUIREMENTS UNDER VIVAD SE VISHWAS SCHEME, 2020 , THE PERMISSION AS PEAL OF THE ASSESSEE IS ITA NO.69/CTK/2008 ASSESSMENT YEAR : 1996-97 P A G E 2 | 2 DISMISSED TREATING THE SAME AS WITHDRAWN. WE ALSO MAKE IT CLEAR THAT IN A SITUATION, THE GRIEVANCE OF ASSESSEE FOR THE YEAR UNDER CONSIDERATION COULD NOT BE RESOLVED UNDER VIVID SE VISHWAS SCHEME, THEN THE ASSESSEE COULD BE ENTITLED TO SEEK RECALL OF THIS DISMISSAL ORDER BY FILING A MISCELLANEOUS APPLICATION. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON 28 /10/2021. SD/- SD/- (MANISH BORAD) (CHANDRA MOHAN GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER CUTTACK; DATED 28/10/2021 B.K.PARIDA, SPS (OS) COPY OF THE ORDER FORWARDED TO : BY ORDER SR.PVT.SECRETARY ITAT, CUTTACK 1. THE APPELLANT : M/S. EXIM INDIA OIL COMPANY LTD., AT: TIBAREWAL NAGAR, NH-5, JAGATPUR, CUTTACK 2. THE RESPONDENT. ACIT, CIRCLE 1(1), CUTTACK 3. THE CIT(A) - , CUTTACK 4. PR.CIT - , CUTTACK 5. DR, ITAT, CUTTACK 6. GUARD FILE. //TRUE COPY//