Jila Sahkari Kendriya Bank Maryadit, Seoni V. Income Tax Officer Ward- Seoni, Seoni

ITA 73/JAB/2018

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 6675 (ITAT-JABALPUR)
• Duration Of Justice: 3 year(s) 10 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-03-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 18-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL JABALPUR BENCH, JABALPUR (Through web-based video conferencing platform) BEFORE SHRI SANJAY ARORA, HON’BLE ACCOUNTNT MEMBER & SHRI MANOMOHAN DAS, HON'BLE JUDICIAL MEMBER I.T.A. No. 73/JAB/2018 (Asst. Year: 2013-14) Assessee by : Shri B.Ganguly, Advocate. Department by : Shri S.K. Halder, Sr.DR Date of hearing : 08/03/2022 Date of pronouncement : 17/03/2022 O R D E R Per Bench: This is an Appeal by the Assessee agitating the part-allowance of its’ appeal contesting its’ assessment under section 143(3) of the Income Tax Act, 1961 (‘the Act’) dated 18/3/2016 for assessment year (AY) 2013-14 by the first appellate authority vide his order dated 13/2/2018. 2. Sh. Ganguly, the ld. counsel for the assesse, would, at the outset, with reference to the written request by the assessee-bank dated 11/2/2022 (on record), submit that the assessee may be permitted to withdraw its’ instant appeal as it has since opted for the settlement of its’ tax dispute/s under reference under the Vivad Se Vishwas Sheme, 2020 of the Government of India. Form 3, it is explained, stands already issued by the competent authority upon verifying the relevant details, i.e., in response to the assessee’s application under VsV scheme in Form 1. The next step involves issue of Form 4, for which evidence as to Jila Sahkari Kendriya Bank Maryadit, Bus Stand, Seoni. vs. Income Tax Officer Ward, Seoni. PAN: AAAAJ 2044 G (Appellant) (Respondent) ITA No. 73/JAB/2018 (AY: 2013-14) Jila Sahkari Kendriya Bank Maryadit v. ITO 2 withdrawal of the instant appeal pending before the Tribunal is required, and which explains the assessee’s prayer toward the same. 3. We have heard the parties, and perused the material on record. Though the process of settlement under the DTVSV Act has yet not been finalized inasmuch as Form 5, signifying so, has apparently not been issued yet, it is clear that the assessee does not intend to prosecute its’ instant appeal, a statutory right conferred under the Act, but to settle its’ tax dispute/s following the alternate dispute resolution route, having completed all the processes in this regard. The said Act in fact itself provides for an automatic vacation of the relevant appeal on the tax dispute being settled thereunder. There was, accordingly, and only understandably so, no objection to the assessee’s request by Sh. Halder, the ld. Sr. DR. We accordingly have no hesitation in permitting withdrawal of the instant appeal, which is rendered not maintainable before the Tribunal, even as liberty for moving it is hereby granted where, for any reason, the assessee’s application under the DTVsV Act does not reach its logical end. 4. In the result, the captioned appeal is dismissed as withdrawn. Order Pronounced in open Court on this 17 th day of March, 2022. Sd/- sd/- (Manmohan Das) (Sanjay Arora) Judicial Member Accountant Member Dated: March 17, 2022 vr/- Copy to: 1. The A ss es se e - Jila Sahkari Kendriya Bank Maryadit, Bus Stand, Seoni 2. The R ev en ue – I TO , War d, S eo ni. 3. The P r. CI T-1, Ja ba l pur ( M P) 4. The C IT (A )-1, Ja ba lpu r 5. The S r. D R, I TA T, Jab al pu r 6. Gu ard F il e B y o rd er Sr. Private Secretary, ITAT, Jabalpur.