Herbal Industries, Muzaffarpur V. Pr.CIT, Muzaffarpur

ITA 80/PAT/2017

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 5052 (ITAT-PATNA)
• Duration Of Justice: 4 year(s) 11 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-04-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 23-04-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 263; 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PATNA ‘DB’ BENCH AT KOLKATA [Virtual Court] (Before Sri Manish Borad, Accountant Member & Sri Sonjoy Sarma, Judicial Member) I.T.A. No.: 80/Pat/2017 Assessment Year: 2013-14 Herbal Industries....................................................................Appellant [PAN: AACFH 6727 R] Vs. Pr. CIT, Bela, Muzaffarpur...................................................Respondent Appearances by: Sh. Jai Prakash Agrawal, Adv., appeared on behalf of the Assessee. Sh. Sanjay Mukherjee, CIT, ITAT, appeared on behalf of the Revenue. Date of concluding the hearing : April 4 th , 2022 Date of pronouncing the order : April 7 th , 2022 ORDER Per Manish Borad, Accountant Member: This appeal filed by the assessee pertaining to the Assessment Year (in short “AY”) 2013-14 is directed against the order of ld. Principal Commissioner of Income-tax, Bela, Muzaffarpur [in short ld. “Pr. CIT”] dated 24.03.2017 which is arising out of the assessment order framed u/s 143(3) of the Income Tax Act, 1961 (in short the “Act”) dated 31.03.2015 by ACIT, Circle-1, Muzaffarpur. 2. At the outset, ld. Counsel for the assessee submitted that pursuant to the impugned order u/s 263 of the Act dated 24.03.2017 ld. Assessing Officer (in short ld. “AO”) framed the assessment order u/s 143(3) of the Act r.w.s. 263 of the Act dated 27.12.2017. Against the additions made in this assessment order dated 27.12.2017 the assessee preferred appeal before ld. CIT(A). In the meantime Vivad Se Vishwas Scheme, 2020 was announced and the assessee opted under this scheme. Tax payable as per this scheme in the case of the assessee stood paid and Form No.-5 has been issued on I.T.A. No.: 80/Pat/2017 Assessment Year: 2013-14 Herbal Industries. Page 2 of 3 25.02.2021 for the full and final settlement of tax arrears. Thus, ld. Counsel for the assessee requested for withdrawing the instant appeal. 3. Per contra, ld. D/R did not have any objection to this request of ld. Counsel for the assessee. 4. We have heard rival contentions and perused the records placed before us. We have gone through the facts narrated by the ld. Counsel for the assessee stated herein above and find that the assessee has opted under the Vivad Se Vishwas Scheme, 2020 and paid taxes thereon, on the demands raised by the ld. AO in the assessment proceedings carried out subsequent to the passing of the impugned order, and has, thus, requested to withdraw the instant appeal. We, therefore, considering the facts of the case and the request made at the behest of the assessee, dismiss this appeal as withdrawn. 5. In the result, the appeal of the assessee is dismissed as withdrawn. Kolkata, the 7 th April, 2022. Sd/- Sd/- [Sonjoy Sarma] [Manish Borad] Judicial Member Accountant Member Dated: 07.04.2022 Bidhan (P.S.) Copy of the order forwarded to: 1. Herbal Industries, Bela Industrial Estate, Muzaffarpur-842 001. 2. Pr. CIT, Bela Kothi, Bela, Muzaffarpur. 3. CIT(A) 4. CIT- 5. CIT(DR), Patna Bench, Patna. True copy By order Assistant Registrar ITAT, Kolkata Benches Kolkata I.T.A. No.: 80/Pat/2017 Assessment Year: 2013-14 Herbal Industries. Page 3 of 3 Date of Dictation 06.04.2022 Date on which the typed order is placed before the dictating Member and other Member 06.04.2022 Date on which the order came back to Sr. P.S. 08.04.2022 Date on which file(s) go(es) to the Bench Clerk 08.04.2022 Date on which file(s) go(es) to the O.S. Date of despatch of the order