Assistant Commissioner of Income-tax, Central Circle -2, Nashik V. M/s. BNC Power Projects Ltd, Pune

ITA 702/PUN/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 2113 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 2 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-07-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 01-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, PUNE SHRI PARTHA SARATHI CHAUDHURY, JM AND DR. DIPAK P. RIPOTE, AM ITA No. 701 and 702/PUN/2019 A.Y. 2009-10 & 2010-11 The Asstt. C.I.T. Central Circle 2, Nashik Appellant Vs. M/s. BNC Power Projects Ltd., 3 rd floor, Butte Patil Complex, Karve Road, Paud Phata, PUNE – 411 038 PAN: AADCC 2599R Respondent Appellant by : Shri Arvind Desai (through Physical) Respondent by : Shri Devendra Kulkarni (through virtual) Date of Hearing : 27-07-2022 Date of Pronouncement : 28-07-2022 ORDER PER BENCH These appeals preferred by the Revenue emanates from the common order of the ld. CIT(A)-12, Pune, dated 25-02-2019 for A.Y. 2009-10 & 2010-11 as per the grounds of appeal on record. 2. That at the time of hearing, the assessee submitted that they have opted for the Direct Tax Vivad se Vishwas Scheme 2020 for A.Y. 2009-10 and 2010- 11 and has already received Form 5 for both the assessment years, which is on record. 3. On the basis of this submission of the assessee, the ld. D.R submitted that since the assessee has opted for the Direct Tax Vivad se Vishwas Scheme 2020 and has received Form No. 5, the Revenue would like to withdraw the said appeals with the permission of the Bench. 2 ITA No. 702 & 702/PUN/2019 BNC Power Projects Ltd. A,Y. 2009-10 and 2010-11 4. Having heard the parties, we find that the assessee has opted for the Direct Tax Vivad se Vishwas Scheme 2020 and has also received form 5 in respect of both the assessment years and hence the Revenue wishes to withdraw these appeals. We therefore, allow the Revenue to withdraw these appeals. We also mention here that in future if any difficulty arises in fulfilling the obligation under Direct Tax Vivad se Vishwas Scheme 2020 in these cases, the Revenue may make separate application, if required, for restoration of the said appeals. In view thereof, both the appeals are dismissed as withdrawn. 5. In the result, Revenue’s appeals are dismissed as withdrawn. Order pronounced in the open court on 28 th day of July 2022. Sd/- sd/- (DR. DIPAK P. RIPOTE) (PARTHA SARATHI CHAUDHURY) ACCOUNTANT MEMBER JUDICIAL MEMBER Pune; Dated, this 28 th day of July 2022 Ankam Copy of the Order forwarded to : 1. The Appellant. 2. The Respondent. 3. The CIT (A)-12, Pune. 3. The Pr. CIT Central, Nagpur. 4. The D.R. ITAT A’ Bench, Pune. 5. Guard File BY ORDER, /// TRUE COPY /// Sr. Private Secretary ITAT, Pune. 3 ITA No. 702 & 702/PUN/2019 BNC Power Projects Ltd. A,Y. 2009-10 and 2010-11 Date 1 Draft dictated on 27-07-2022 Sr.PS 2 Draft placed before author 28-07-2022 Sr.PS 3 Draft proposed and placed before the second Member JM/AM 4 Draft discussed/approved by second Member AM/JM 5 Approved draft comes to the Sr. PS Sr.PS 6 Kept for pronouncement on 28-07-2022 Sr.PS 7 Date of uploading of order 28-07-2022 Sr.PS 8 File sent to Bench Clerk 28-07-2022 Sr.PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R 11 Date of dispatch of order