DY.C.I.T. CIRCLE KORBA, KORBA(CG) V. M/S BLACK DIAMOND EQUIPMENT P.LTD., KORBA(CG)

ITA 89/BIL/2015

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 8595 (ITAT-RAIPUR)
• Duration Of Justice: 6 year(s) 1 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-08-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 01-07-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: R B DOSHI
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH, RAIPUR BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI PAWAN SINGH, JUDICIAL MEMBER ./ I.T.A. NO. 89/RPR/2015) ( [ [ / ASSESSMENT YEAR : 2011-12) THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE KORBA, MAHANADI COMPLEX, NIHARIKA ROAD, KORBA (C.G.) / VS. BLACK DIAMOND EQUIPMENT P. LTD. 156, T. P. NAGAR, KORBA (C.G.) ./ ./PAN/GIR NO. : AADCB7659L ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI S ANJAY KUMAR , D.R. / RESPONDENT BY : SHRI R. B. DOSHI, A.R. / DATE OF HEARING 10/08/2021 / DATE OF PRONOUNCEMENT 13/08/2021 / O R D E R PER PRADIP KUMAR KEDIA - AM: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE REVENUE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS), BILASPUR (CIT(A) IN SHORT), DATED 23.01.2015 ARISING IN THE ASSESSMENT ORDER DATED 24.02.2014 PASSED BY THE ASSESSING OFFICER (AO) UNDER S. 143(3) OF THE INCOME TAX ACT, 1961 (THE ACT) CONCERNING AY 2011-12. 2. WHEN THE MATTER WAS CALLED FOR HEARING IN THE CAPTIONED REVENUES APPEAL, LEARNED COUNSEL FOR THE ASSESSEE AT THE OUTSET SUBMITTED THAT THE DESIGNATED AUTHORITY HAS ALREADY GRANTED ITA NO. 89/RPR/2015 (DCIT VS. M/S. BLACK DIAMOND EQUIPMENT P. LTD.) A.Y. 2011-12 - 2 - CERTIFICATE ELECTRONICALLY TO THE DECLARANT ASSESSEE CONCERNING THE PARTICULARS OF THE TAX ARREARS AND THE AMOUNT PAYABLE IN PRESCRIBED FORM-3 NOTIFIED IN VIVAD SE VISHWAS SCHEME, 2020 (VSV) READ WITH RULES FRAMED THEREUNDER. THE LEARNED COUNSEL ACCORDINGLY SUBMITTED THAT HE DOES NOT SEEK TO DEFEND THE SAID APPEAL OWING TO EXERCISE OF OPTION FOR AVAILING VSV SCHEME, AND CONSEQUENTLY URGED THAT ASSESSEES REQUEST FOR CLOSURE OF REVENUES APPEAL MAY PLEASE BE GRANTED. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW ITS APPEAL HAVING REGARD TO THE APPLICATION FROM ASSESSEE TO AVAIL THE ONGOING SCHEME. 4. IN THE LIGHT OF WRITTEN REQUEST MADE ON BEHALF OF THE CAPTIONED ASSESSEE, THE APPEAL OF REVENUE IS DISMISSED IN LIMINE. HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHEME FOR ANY REASONS, THEN THE REVENUE WILL BE AT LIBERTY TO SEEK RESTORATION OF ORIGINAL APPEAL FOR HEARING BEFORE ITAT IN ACCORDANCE WITH LAW. 5. IN THE RESULT, THE CAPTIONED APPEAL OF REVENUE IS DISMISSED IN LIMINE. SD/- SD/- (PAWAN SINGH) (PRADIP KUMAR KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER RAIPUR: DATED 13/08/2021 TRUE COPY S. K. SINHA / COPY OF ORDER FORWARDED TO:- 1. / REVENUE 2. / ASSESSEE 3. / CONCERNED CIT 4. - / CIT (A) 5. , , / THIS ORDER PRONOUNCED IN OPEN COURT ON 13/08/2021 ITA NO. 89/RPR/2015 (DCIT VS. M/S. BLACK DIAMOND EQUIPMENT P. LTD.) A.Y. 2011-12 - 3 - DR, ITAT, RAIPUR 6. [ / GUARD FILE. BY ORDER , SR. PRIVATE SECRETARY ITAT , RAIPUR (ON TOUR)