M/s. M.B. Sugars and Pharmaceuticals Ltd, Nashik V. Assistant Commissioner of Income-tax, Central Circle -2, Nashik

ITA 798/PUN/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4818 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 5 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-10-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 03-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRATHAMESH J LAWAND
• Section: 13; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUNE (THROUGH VIRTUAL COURT) BEFORE SHRI R.S.SYAL, VP AND SHRI PARTHA SARATHI CHAUDHURY , JM . / I TA NO. 798 /PUN/20 18 / ASSESSMENT YEAR : 2012 - 13 M/S. M.B. SUGARS AND PHARMACEUTICALS LTD. LODHA BHAVAN, MAHAVIR NAGAR MARG, NEAR GOVT. HOSPITAL, SATANA ROAD, MALEGAON, NASHIK. PAN : AABCM2351A ....... / APPELLANT / V/S. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 2, NASHIK. / RESPONDENT A SSESSEE BY : WITHDRAWAL APPLICATION REVENUE BY : SHRI PRATHAMESH J. LAWAND / DATE OF HEARING : 19 . 10 .2020 / DATE OF PRONOUNCEMENT : 19 .10 .2020 / ORDER PER PARTHA SARATHI CHAUDHU RY, JM : THIS APPEAL PREFERRED BY THE ASSESSEE EMANATES FROM THE ORDER OF THE LD. CIT(APPEALS) - 12, PUNE DATED 28.02.2018 FOR THE ASSESSMENT YEARS 2012 - 13 AS PER THE GROUNDS OF APPEAL ON RECORD. 2. THE ASSESSEE SUBMITTED THAT HE WANTS TO WITHDRAW THE APPEAL IN LIGHT OF THE RESOLUTION UNDER THE PROVISIONS ENUMERATED IN THE DIRECT TAX VI VAD SE 2 ITA NO. 798 /PUN/20 18 A.Y. 2012 - 13 VISHWAS ACT, 2020 (THE VSV ACT) AND HA S FILED AN APPLICATION DATED 28.09.2020 ALONG WITH FORM - 3 IN THIS REGARD BY STATING AS FOLLOWS: WITH REFERENCE TO THE ABOVE, WE HEREBY STATE THAT THE APPELLANT HAS FILED ABOVE REFERRED APPEAL NO.798/PUN/2018 AND THE SAME IS PENDING. THE APPELLANT HAS MADE AN APPLICATION UNDER VIVAD SE VISHWAS SCHEME. HONBLE PR. CIT - 1, NASHIK HAS GRANTED CERTIFICATE UNDER SECTION 5(1) OF THE SCHEME VIDE ACKNOWLEDGEMENT NO.542794320120920. IN VIEW OF THE ABOVE, WE KINDLY RE QUEST YOUR HONOUR TO ALLOW THE APPELLANT TO WITHDRAW THE AFORESAID APPEAL. THE LD. DR HAS NO OBJECTION IN CASE THE ASSESSEE WISHES TO WITHDRAW THE APPEAL. HENCE, WE PERMIT THE WITHDRAWAL. APPEAL OF ASSESSEE IS DISMISSED BEING WITHDRAWN. 3. IN THE RESULT , THE APPEAL OF ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRO NOUNCED ON 19 TH DAY OF OCTOB ER, 20 20 . SD/ - SD/ - R.S.SYAL PARTHA SARATHI CHAUDHURY VICE PRESIDENT JUDICIAL MEMBER / PUNE; / DATED : 19 TH OCTOBER , 2020. SB / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(APPEALS) - 12, PUNE. 4. THE PR. CIT, CENTRAL, NAGPUR. 5 . , , , / DR, ITAT, B BENCH, PUNE. 6 . / GUARD FILE. / BY ORDER, // TRUE COPY // / PRIVATE SECRETARY , / ITAT, PUNE . 3 ITA NO. 798 /PUN/20 18 A.Y. 2012 - 13 DATE 1 DRAFT DICTATED ON 19 .10 .2020 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 19 .10 .2020 SR.PS/PS 3 DRAFT PROPOSED AND PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM 5 APPROVED DRAFT COMES TO THE SR. PS/PS SR.PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7 DATE OF UPLOADING OF ORDER SR.PS/PS 8 FILE SENT TO BENCH CLERK SR.PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE A.R 11 DATE OF DISPATCH OF ORDER