M/s. Lunkad Realty, Pune V. Deputy Commissioner of Income-tax, Circle - 7, Pune

ITA 789/PUN/2018

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 6024 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 7 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-12-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 02-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH, ‘A’ PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं. / ITA No.789/PUN/2018 िनधा रण वष / Assessment Year : 2012-13 M/s. Lunkad Realty Office No.3 and 4, Blue Hills Society, Nagar Road, Yerwada, Pune – 411006 PAN: AACFL4571F Vs. DCIT, Circle-7, Pune Appellant Respondent आदेश / ORDER This appeal by the assessee is directed against the order passed by the ld. CIT(A) on 03-01-2018 in relation to the Assessment Year 2012-13. 2. Before us, the assessee has filed a letter dated 17-12-2021 seeking permission to withdraw the appeal under ‘Vivad Se Vishwas Scheme’ under The Direct Taxes Vivad Se Vishwas Act, 2020. The relevant contents of such letter reads as under : “The appellant M/S Lunkad Realty has preferred the above referred appeal before your honour against the additions made in the assessment order passed u/s 271(1)(C) of the I.T. Assessee by : None Revenue by : Shri S.P. Walimbe Date of hearing : 20-12-2021 Date of pronouncement : 20-12-2021 ITA No.789/PUN/2018 2 Act, 1961 by the Deputy Commissioner of Income Tax, Circle 7, Pune for AY 2012-13. The appellant has submitted application before The Designated Authority, honourable PCIT-4, Pune under Section 4 of The Direct Tax Vivad Se Vishwas Act 2020 on 29 th January, 2021 in respect of the appeal pending before your honour for the year under consideration. A copy of the application on form 1 and 2 is attached herewith for your honors reference. Please refer Annexure A. The Designated Authority, honourable PCIT-4, Pune has passed order in Form No.3 under section 5 of the Direct Tax Vivad Se Vishwas Act 2020 determining the amount of tax payable under the said scheme. A copy of Form No 3 is enclosed herewith. Please refer Annexure B. The appellant has paid the tax determined by PCIT-4, Pune as per Form No 3. A copy of challan is attached herewith for your honors reference. Please refer Annexure C. Further, the appellant has also received Form 5 which is final order under Vivad Se Vishwas Act settling the dispute of the assessee with income tax department dated 17/11/2021. A copy of Form 5 received is attached herewith for your honors reference. Please refer Annexure D. As per provisions of section 4(2) of The Direct Tax Vivad Se Vishwas Act 2020 any appeal pending before Income Tax Appellate Tribunal or CIT(A), in respect of the disputed income or disputed interest or disputed penalty of disputed fees and tax arrears shall be deemed to have been withdrawn from the date on which Certificate under section 5(1) (Form 3) is issued by designated authority. Therefore, the appellant hereby requests your honour to kindly pass the suitable orders for withdrawal of appeal by the appellant and oblige.” ITA No.789/PUN/2018 3 3. On perusal of the above letter and having no objection from the side of ld. DR, we allow the request of assessee to withdraw the appeal. 4. In the result, the appeal is dismissed as ‘withdrawn’. Order pronounced in the Open Court on 20 th December, 2021. Sd/- Sd/- (S.S. VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; िदनांक Dated : 20 th December, 2021 GCVSR आदेश की ितिलिप अ ेिषत/Copy of the Order is forwarded to: 1. अपीलाथ / The Appellant; 2. थ / The Respondent; 3. The CIT(A), Pune-5, Pune, 4. 5. 6. The Pr.CIT, Pune-4, Pune DR, ITAT, ‘A’ Bench, Pune गाड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune ITA No.789/PUN/2018 4 Date 1. Draft dictated on 20-12-2021 Sr.PS 2. Draft placed before author 20-12-2021 Sr.PS 3. Draft proposed & placed before the second member JM 4. Draft discussed/approved by Second Member. JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order.