JAIPUR SAHAKARI KRAYA VIKRAYA SAMITI LTD., Jaipur V. INCOME TAX OFFICER, WARD-5-4, JAIPUR

ITA 766/JPR/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4618 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 8 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 14-10-2020
• Assessment Year: 2008-2009
• Appeal Filed On: 23-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MONISHA CHOUDHARYADDL
• Assessee Lawyers: BRIJESH AGRAWAL

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,B JAIPUR JH LAANHI XKSLKBZ] U;KF;D LNL; ,OA JH FOE FLAG ;KNO] YS[KK LNL; DS LE{K BEFORE: SHRI SANDEEP GOSAIN, JM & SHRI VIKRAM SINGH YADAV, AM VK;DJ VIHY LA - @ ITA NO. 766/JP/2019 FU/KZKJ.K O'KZ @ ASSESSMENT YEAR : 2008-09 M/S JAIPUR SAHA KARI KRAYA VIKRAYA SAMITI LTD. B-34, SURAJPOLE MANDI, JAIPUR-302003. CUKE VS. THE ITO, WARD-5(4), JAIPUR. LFKK;H YS[KK LA -@THVKBZVKJ LA -@ PAN/GIR NO. AAAJJ0166G VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ L S@ ASSESSEE BY : SHRI BRIJESH AGRAWAL (C.A.) JKTLO DH VKSJ LS @ REVENUE BY : SMT. MONISHA CHOUDHARY(ADDL.CIT) LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 09/02/2021 MN?KKS'K.KK DH RKJH[ K@ DATE OF PRONOUNCEMENT: 10/02/2021 VKNS'K@ ORDER PER: SANDEEP GOSAIN, J.M. THE PRESENT APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF CIT(A)-2, JAIPUR DATED 29.03.2019 FOR THE ASSESSMENT YEAR 2008-09. 2. HEARING OF THE APPEAL WAS CONCLUDED THROUGH VIDEO CONFERENCE IN VIEW OF THE PREVAILING SITUATION OF COVID-19 PANDEMIC. 3. THE LD. COUNSEL FOR THE ASSESSEE FURNISHED APPLICATION FOR WITHDRAWAL OF THIS APPEAL. THE CONTENTION MADE IN THE SAID APPLICATION READS AS UNDER:- ITA NO. 766/JP/2019 M/S JAIPUR SAHKARI KRAYA VIKRAYA SAMITI VS. ITO 2 WITH REFERENCE TO ABOVEMENTIONED SUBJECT, WE WOULD LIKE TO SUBMIT THAT WE ARE HEREBY WITHDRAWING APPEAL FOR THE A.Y. 2008-09 FOR THE ASSESSEE- JAIPUR SAHAKARI KRIYA VIKRAY SAMITI (PAN. NO. AAAJJ0166G) AS THE ASSESSEE OPTED THE VIVAD SE VISHWAS SCHEME,. THEREFORE, YOUR GOOD OFFICE IS REQUESTED TO CONSIDER THE ABOVE MENTIONED APPEAL AS WITHDRAWN. COPY OF REVISED FORM-1 AND FORM 2 DATED 13.01.2021 SUBMITTED BY THE ASSESSEE UNDER VSVS ALONG WITH ACCEPTANCE IN FORM 3 BY PCIT, JAIPUR-2 DATED 25.01.2021 IS ATTACHED HEREWITH. AS PER OUR SUBMISSION AND FORM 3 ISSUED BY PCIT, JAIPUR, REFUND OF RS. 444940/- IS DUE TO THE ASSESSEE AND HENCE NO DEMAND IS PAYABLE IN FORM-4. ENCL: AS ABOVE THANKING YOU A B.H & COMPANY CHARTERED ACCOUNTANTS (BRIJESH AGRAWAL) PARTNER/A.R 4. THE LD. DR HAS RAISED NO OBJECTION IF THE APPEAL OF THE ASSESSEE IS ALLOWED TO BE WITHDRAWN. 5. THEREFORE, IN VIEW OF THE FACT THAT THE ASSESSEE HAS ALREADY APPROACHED THE DEPARTMENT TO SETTLE THE MATTER UNDER VIVAD SE VISHWAS SCHEME, WE PERMIT THE ASSESSEE TO WITHDRAW THIS APPEAL. ACCORDINGLY, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ITA NO. 766/JP/2019 M/S JAIPUR SAHKARI KRAYA VIKRAYA SAMITI VS. ITO 3 6. IN THE RESULT, THIS APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 10/02/2021. SD/- SD/- FOE FLAG ;KNO LANHI XKSLKBZ (VIKRAM SINGH YADAV) (SANDEEP GOSAIN) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 10/02/2021. *RANJAN VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- M/S JAIPUR SAHKARI KRAYA VIKRAYA SAMITI, JAIPUR. 2. IZR;FKHZ@ THE RESPONDENT- ITO, WARD-5(4), JAIPUR. 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDR@ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR. 6. XKMZ QKBZY@ GUARD FILE {ITA NO. 766/JP/2019} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR