Ramesh Kumar Chaudhary HUF, Varanasi V. PCIT, Varanasi

ITA 71/VNS/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 4171 (ITAT-VARANASI)
• Duration Of Justice: 3 year(s) 1 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-04-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 17-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SHRISUNIL BAJPAI
• Assessee Lawyers: ASHISH JINDAL
• Section: 263; 143(3)

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL CIRCUIT BENCH, VARANASI BEFORE SHRI.VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ITA No. 71/Vns/2019 Assessment Year:2009-10 Ramesh Kumar Chaudhary HUF, D-66, Chandrika Nagar Colony, Sigra, Varanasi-221010 v. The Pr. CIT, AayakarBhawan, M.A. Road, Varanasi, U.P. PAN:AAHCR 2880P (Appellant) (Respondent) Appellant by: Sri Ashish Jindal, CA Respondent by: ShriSunil Bajpai, CIT-DR Date of hearing: 21.04.2022 Date of pronouncement: 21.04.2022 O R D E R PER SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER: This appeal, filed by assessee, being ITA No.71/Vns/2019, arising out of revisionary order dated 26.2.2019 passed by learned Pr. Commissioner of Income Tax, Varanasi (hereinafter called "the PCIT"), for assessment year 2009- 10. We have heard both the partiesin Open Court through physical hearing mode. 2. At the outset, ld. Counsel for the assessee, Shri Ashish Jindal, CA made statement before the Bench that this is an appeal arising out ofrevisionary order dated 26.02.2019 passed by ld. PCIT, Varanasi u/s. 263 of the Income-tax Act,1961. It was stated by ld. Counsel for the assessee before the Bench that the AO passed consequential assessment order u/s. 143(3) r.w.s. 263 of the 1961 Act,in pursuance of direction issued by ld. PCIT , vide revisionary order dated 26.02.2019 u/s. 263 of the Act. It was statedby ld. Counsel for the assessee Mr. Ashish Jindal, CA before the Bench that the assessee has availed VSVS to settle the dispute with the Department against aforesaid consequential assessment order passed by the AO in pursuance to revisionary order passed by ld. Pr. CIT ITA No.71/Vns/2019 Assessment Year: 2009-10 Ramesh Kumar Chaudhary HUF 2 u/s 263 of the 1961 Act, and now even Form-5 vide Acknowledge No.756607301291021 dated 29.10.2021 has been issued by Competent Authority . The Ld. Counsel for the assesseenamely Mr. Ashish Jindal, CA has also produced before the Bench Form-5 along with covering letter (placed on record in file), which are reproduced hereunder: ITA No.71/Vns/2019 Assessment Year: 2009-10 Ramesh Kumar Chaudhary HUF 3 ITA No.71/Vns/2019 Assessment Year: 2009-10 Ramesh Kumar Chaudhary HUF 4 3. Thus, ld. Counsel for the assessee, Shri Ashish Jindal, CA prayed before the Bench that this appeal which has arisen from the revisionary order passed by ld. Pr. CIT u/s 263 has become infructuous, in view of the aforesaid statements made before the Bench and documents filed before the Bench. ITA No.71/Vns/2019 Assessment Year: 2009-10 Ramesh Kumar Chaudhary HUF 5 4. Ld. CIT-DR has no objection if the appeal of the assessee is dismissed as being withdrawn 5. After hearing both the parties and after considering the statements made by the ld. Counsel for the assessee, Shri Ashish Jindal, CA and written submissions filed (as detailed above) and department raising no objection to dismissal of this appeal , we dismiss this appeal as being withdrawn/infructuous. We order accordingly. 6. In the result, the appeal of the assessee in ITA No. 71/Vns/2019 for ay: 2009-10is dismissed as withdrawn. Order pronouncedon 21.04.2022 at Varanasi, U.P. Sd/- Sd/- [VIJAY PAL RAO] [RAMIT KOCHAR] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 21/04/2022 Aks/- Copy forwarded to: 1. Appellant – Ramesh Kumar Chaudhary HUF, D-66, Chandrika Nagar Colony, Sigra, Varanasi-221010 2. Pr. CIT, Varanasi 3. The CIT-DR, ITAT, Varanasi 4. The CIT, Varanasi Sr. Private Secretary