M/s Goel & Goel , Itarsi V. Assistant Commissioner of Income Tax, Circle- Itarsi, Itarsi

ITA 74/JAB/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2507 (ITAT-JABALPUR)
• Duration Of Justice: 1 year(s) 9 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 23-09-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SWATI AGARWAL
• Section: 143(3)

Judgement Text

GOEL AND GOEL V. ASST. CIT ITA NO. 74/JAB/2019 (AY 2007-08) 1 IN THE INCOME TAX APPELLATE TRIBUNAL, JABALPUR BENCH , JABALPUR (SMC) (THROUGH VIDEO CONFERENCING) BEFORE SH. SANJAY ARORA, HON'BLE ACCOUNTANT MEMBER ITA NO.74/JAB/2019 ASSESSMENT YEAR: 2007-08 GOEL AND GOEL, ITARSI (M.P.) [PAN: AAFFG 3621E] VS. ASSTTT. CIT, CIRCLE ITARSI (M.P.) (APPELLANT) (RESPONDENT) APPELLANT BY SH. SAPAN USRETHE, ADV. (WITHDRAWAL APPLICATION ) RESPONDENT BY MS. SWATI AGARWAL, SR. DR DATE OF HEARING 28/06/2021 DATE OF PRONOUNCEMENT 28/06/2021 ORDER PER SANJAY ARORA, AM THIS IS AN APPEAL BY THE ASSESSEE DIRECTED AGAINST THE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS)-1, BHOPAL (CI T(A) FOR SHORT) DATED 03/6/2019, DISMISSING THE ASSESSEES APPEAL CONTEST ING ITS ASSESSMENT UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 (THE AC T HEREINAFTER) FOR THE ASSESSMENT YEAR (AY) 2007-08 VIDE ORDER DATED 21/3/ 2016. 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY SH. SAPA N USRETHE, ADV., THE LD. COUNSEL FOR THE ASSESSEE, THAT THE ASSESSEE HAD OPT ED FOR THE VIVAD SE VISHWAS SCHEME, 2019 IN RESPECT OF ITS CAPTIONED APPEAL, W HICH STANDS SINCE ACCEPTED BY THE REVENUE, WITH IT ISSUING, TOWARD THE SAME, F ORM-3, I.E., THE CERTIFICATE UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (D TVSV ACT) READ WITH THE RELEVANT RULE, SPECIFYING THE AMOUNT TO BE DEPOSITE D THEREUNDER IN SETTLEMENT OF GOEL AND GOEL V. ASST. CIT ITA NO. 74/JAB/2019 (AY 2007-08) 2 THE DISPUTE, WHICH STANDS ALSO SINCE PAID BY THE AS SESSEE. THE ASSESSEES APPEAL MAY, UNDER THE CIRCUMSTANCES, BE PERMITTED TO BE WI THDRAWN. 3. I HAVE HEARD THE PARTIES, AND PERUSED THE MATERI AL ON RECORD. THE WITHDRAWAL APPLICATION DATED 25/6/2021 (ON RECORD) ALSO STATES THE RELEVANT FACTS, ENCLOSING ALONG WITH FORM 3 DATED 09/12/2020 . THE DTVSV ACT ITSELF PROVIDES FOR THE WITHDRAWAL OF AN APPEAL ON THE RES OLUTION OF THE DISPUTE UNDER THE SAID ACT. THE ASSESSEES CAPTIONED APPEAL, IN V IEW THEREOF, BECOMES NOT MAINTAINABLE, AND LIABLE TO BE WITHDRAWN. 4. THE ASSESSEES APPEAL IS, ACCORDINGLY, PERMITTE D TO BE WITHDRAWN. I DECIDE ACCORDINGLY. 5. IN THE RESULT, THE ASSESSEES APPEAL IS DISMISSE D AS NOT MAINTAINABLE/ WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON JUNE 28, 2021 S D/- (SANJAY ARORA) A CCOUNTANT MEMBER DATED: 28/06/2021 COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT: M/S. GOEL AND GOEL, SEVENTH LANE, MA IN ROAD, ITARSI - 461111 (M.P.) 2. THE RESPONDENT: ASSISTANT COMMISSIONER OF INCOME TA X, CIRCLE ITARSI, ROOM NO. 213, AAYKAR BHAWAN, HOSHANGABAD RO AD, BHOPAL - 462004 (M.P.) 3. THE PR. CIT-1, BHOPAL 4. THE CIT(A)-1, BHOPAL 5. THE SR. DR, ITAT, JABALPUR 6. GUARD FILE // TRUE COPY //