Giriraj Infotech (P) Ltd., Raipur V. INCOME TAX OFFICER 2(1), RAIPUR

ITA 83/RPR/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 8183 (ITAT-RAIPUR)
• Duration Of Justice: 2 year(s) 3 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 25-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R K SINGH
• Assessee Lawyers: AMIT M JAIN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH, RAIPUR BEFORE SHRI PRADIP KUMAR KEDIA, HON'BLE ACCOUNTANT MEMBER & SHRI N.K. CHOUDHRY, HONBLE JUDICIAL MEMBER I.T.A. NO. 83/RPR/2019 (ASST. YEAR : 2011-12) M/S. GIRIRAJ INFOTECH PVT. LTD. , C/O BALAJEE COMMERCIAL COMPANY, BAJRANG NAGAR, AGRASEN CHOWK, RAIPUR. VS. IT O - 2( 1 ) , RAIPUR . PAN NO. AADCV 4834 D (APPLICANT) (RESPONDENT) ASSESSEE BY : SHRI AMIT M. JAIN, CA. DEPARTMENT BY : SHRI R.K. SINGH, CIT DR DATE OF HEARING : 29/07/2021. DATE OF PRONOUNCEMENT : 29/07/2021. O R D E R PER N.K. CHOUDHRY, JUDICIAL MEMBER: THIS APPEAL HAS BEEN PREFERRED BY THE ASSESSEE AGAINST THE ORDER DATED 29/03/2019 IMPUGNED HEREIN PASSED BY THE LD. PRINCIPAL COMMISSIONER OF INCOME TAX-1 [FOR SHORT, LD. COMMISSIONER], RAIPUR U/SEC. 263(1) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE 'ACT') FOR THE A.Y. 2011-12. 2. THE ASSESSEE HAS PREFERRED AN APPLICATION UNDER CONSIDERATION DATED 26/07/2021 FOR WITHDRAWAL OF THE APPEAL. 2 ITA NO. 83/RPR/2019 (M/S. GIRIRAJ INFOTECH PVT. LTD.) 3. DURING THE COURSE OF HEARING, LD.AR HAS SUBMITTED THAT SINCE ASSESSEE HAS AVAILED THE IMMUNITY SCHEME I.E. VIVAD SE VISHWAS UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 AND THE INCOME TAX DEPARTMENT HAS ISSUED FORM NO.3, DATED 01/03/2021 IN RESPONSE TO THE APPLICATION FILED BY THE ASSESSEE UNDER THE SCHEME, THEREFORE APPEAL OF THE ASSESSEE MAY BE ALLOWED TO BE DISMISSED AS WITHDRAWN WITH LIBERTY TO SEEK RECALL OF THE ORDER IN CASE ANY UNFORESEEN CIRCUMSTANCES WOULD ARISE IN FUTURE. 4. THE LD. DR RAISED NO OBJECTION, IF THE APPEAL OF THE ASSESSEE IS ALLOWED TO BE DISMISSED AS WITHDRAWN. 5. HAVING HEARD BOTH THE PARTIES AND PERUSED THE APPLICATION FOR WITHDRAWAL OF THE APPEAL AND FORM NO.3 (COPY ALREADY ON RECORD) ISSUED BY THE DEPARTMENT. CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE, THE APPEAL OF ASSESSEE IS LIABLE TO BE DISMISSED AS WITHDRAWN WITH LIBERTY TO SEEK RECALL OF THE ORDER AS PRAYED FOR IN ACCORDANCE WITH LAW, HENCE ORDERED ACCORDINGLY. 6. IN THE RESULT, APPEAL OF THE ASSESSEE STANDS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT ON THIS 29 TH DAY OF JULY, 2021. SD/- SD/- (PRADIP KUMAR KEDIA) (N.K. CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 29 TH JULY, 2021. VR/- 3 ITA NO. 83/RPR/2019 (M/S. GIRIRAJ INFOTECH PVT. LTD.) COPY TO: 1. THE ASSESSEE - M/S. GIRIRAJ INFOTECH PVT. LTD., C/O BALAJEE COMMERCIAL COMPANY, BAJRANG NAGAR, AGRASEN CHOWK, RAIPUR. 2. THE REVENUE ITO-2(1), RAIPUR. 3. LD. PR.CIT-1, RAIPUR. 4. THE D.R., RAIPUR. 5. GUARD FILE. BY ORDER SR. PRIVATE SECRETARY, ITAT, RAIPUR (ON TOUR).