Subh Motors Pvt. Ltd, V. Commissioner of Income Tax-1,

ITA 74/JAB/2015

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 4111 (ITAT-JABALPUR)
• Duration Of Justice: 7 year(s) 3 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-08-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 10-05-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 263; 153A; 113; 72

Judgement Text

ITA Nos. 72 -74/Jab/2015 Shubh Motors Pvt Ltd v. Asst. CIT (AYs. 2009-10 to 2011-12) 1 IN THE INCOME TAX APPELLATE TRIBUNAL, JABALPUR BENCH, JABALPUR (through virtual hearing) BEFORE SH. SANJAY ARORA, HON'BLE ACCOUNTANT MEMBER & SH. MANOMOHAN DAS, HON’BLE JUDICIAL MEMBER ITA Nos. 72 to 74/JAB/2015 Assessment Years: 2009-10 to 2011-12 Shubh Motors Pvt. Ltd., Madan Mahal, Jabalpur (M.P.) [PAN: AAKCS 6187M] vs. Assistant Commissioner of Income Tax, Circle 1(1), Jabalpur (Appellant) (Respondent) Appellant by Sh. Rahul Bardia, FCA Respondent by Sh. Shravan K. Gotru, CIT-DR Date of hearing 10/08/2022 Date of pronouncement 23/08/2022 ORDER Per Bench This is a set of three Appeals by the Assessee, directed against the Orders under section 263 of the Income Tax Act, 1961 (‘the Act’ hereinafter) of even date, i.e., 30/03/2015, in it’s case for three consecutive years, being Assessment Years (AYs) 2009-10 to 2011-12, in respect of it’s assessments u/s. 153A r/w. 143(3) of the Act for the said years vide separate orders dated 30/3/2013. 2. At the outset, it was submitted by the ld. counsel for the assessee, Sh. Bardia, that the instant appeals have become infructuous in view of the said assessments having attained finality on the settlement of the tax dispute/s for the relevant years by the assessee under The Direct Tax Vivad-se-Vishwas Act, 2020, paying the tax payable thereunder. The Revenue’s appeals for AYs. 2010- 11 & 2011-12 (in ITA Nos. 113 & 114/2018) and the assessee’s appeal for AY ITA Nos. 72 -74/Jab/2015 Shubh Motors Pvt Ltd v. Asst. CIT (AYs. 2009-10 to 2011-12) 2 2010-11 (in ITA No. 54/2018), i.e., on quantum, have in fact been since dismissed in limine for that reason by the Tribunal, for which reference was made by him thereto (copy on record). Form/s 5, signifying the settlement of the said tax dispute/s under the said Act, for all the three years under reference, stands also enclosed alongwith the assessee’s withdrawal request. 3. We have heard the parties. In view of the foregoing, the assessee’s appeals have become infructuous. Under the circumstances, we have no hesitation in, acceding to the assessee’s request, which was fairly not objected to by the ld. CIT-DR, permit the withdrawal of the instant appeals. We decide accordingly. 4. In in the result, the assessee’s appeals are dismissed as infructuous. Order pronounced in the Open Court on August 23, 2022 Sd/- Sd/- (Manomohan Das) (Sanjay Arora) Judicial Member Accountant Member Dated: 23/08/2022 Copy of the Order forwarded to: 1. The Appellant: Shubh Motors Pvt. Ltd. B/663, Mahanada, Nagpur Road, Madan Mahal, Jabalpur (M.P.) - 482001 2. The Respondent: Assistant CIT, Circle-1(1), Jabalpur 3. The Principal CIT-1, Jabalpur 4. The CIT(Appeals)-1, Jabalpur 5. The CIT-DR, ITAT, Jabalpur 6. Guard File // True Copy //