M/s.K.R.Trading Company, Narshingpur V. Income Tax Officer Ward 1(3), Jabalpur

ITA 9/JAB/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3042 (ITAT-JABALPUR)
• Duration Of Justice: 2 year(s) 3 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 25-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S K HALDER
• Section: 143(3)

Judgement Text

SHRI K.R. TRADING COMPANY V. INCOME TAX OFFICER ITA NO. 9/JAB/2019 (AY 2011-12) 1 IN THE INCOME TAX APPELLATE TRIBUNAL, JABALPUR BENCH , JABALPUR (SMC) (THROUGH VIDEO CONFERENCING) BEFORE SH. SANJAY ARORA, HON'BLE ACCOUNTANT MEMBER ITA NO. 9/JAB/2019 ASSESSMENT YEAR: 2011-12 SHRI K.R. TRADING COMPANY, KARELI, NARSINGHPUR (M.P.) [PAN: ABIFS 1677C] VS. INCOME TAX OFFICER, WARD -1(3), JABALPUR (APPELLANT) (RESPONDENT) APPELLANT BY NONE (WITHDRAWAL APPLICATION) RESPONDENT BY SH. S.K. HALDER, SR. DR DATE OF HEARING 18/06/2021 DATE OF PRONOUNCEMENT 18/06/2021 ORDER PER SANJAY ARORA, AM THIS IS AN APPEAL BY THE ASSESSEE DIRECTED AGAINST THE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS)-1, JABALPUR ( CIT (A) FOR SHORT) DATED 6/9/2018, DISMISSING THE ASSESSEES APPEAL CONTESTI NG ITS ASSESSMENT UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 ('THE AC T' HEREINAFTER) FOR ASSESSMENT YEAR (AY) 2011-12 VIDE ORDER DATED 18/03 /2014. 2. NONE APPEARED FOR AND ON BEHALF OF THE ASSESSEE WHEN THE APPEAL WAS CALLED OUT FOR HEARING. THE ASSESSEE, HOWEVER, HAS FILED A LETTER DATED 12/6/2021 THROUGH ITS COUNSEL, SH. NEERAJ AGRAWAL CA, STATIN G THAT IT HAS OPTED FOR THE VIVAD SE VISWAS SCHEME, 2019 (FORMS 1 & 2 ON RECO RD). THE PRESCRIBED CERTIFICATE UNDER THE DIRECT TAX VIVAD SE VISWAS AC T, 2020 (DTVSV ACT HEREINAFTER) READ WITH THE RELEVANT RULES, HAS ALSO BEEN RECEIVED, ENCLOSING SHRI K.R. TRADING COMPANY V. INCOME TAX OFFICER ITA NO. 9/JAB/2019 (AY 2011-12) 2 ALONG WITH THE RELEVANT FORM 3 (DATED 23.11.2020). UNDER THE CIRCUMSTANCES, THE ASSESSEE WISHES TO WITHDRAW ITS APPEAL, WHICH MAY BE PERMITTED TO BE. 3. I HAVE HEARD THE PARTIES, AND PERUSED THE RELEV ANT MATERIAL, WHICH IS ON RECORD. IN VIEW OF THE ASSESSEE HAVING OPTED FOR AV AILING THE BENEFITS UNDER THE DTVSV ACT, SINCE ACCEPTED, HIS RIGHTS UNDER THE APP ELLATE PROCEDURE UNDER THE ACT GET WAIVED AND, CONSEQUENTLY, ITS APPEAL UNDER THE ACT BECOMES, IN TERMS OF THE SAID ACT, NOT MAINTAINABLE. THE WITHDRAWAL O F THE APPEAL BECOMES, UNDER THE CIRCUMSTANCES, CONSEQUENTIAL. I HAVE, THEREFORE , NO HESITATION IN DIRECTING THE WITHDRAWAL OF THE CAPTIONED APPEAL. I DECIDE ACCORD INGLY. 4. IN THE RESULT, THE ASSESSEES APPEAL IS DISMISSE D AS WITHDRAWN AND/OR NOT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON JUNE 18, 2021 SD/ - (SANJAY ARORA) A CCOUNTANT MEMBER DATED: 18/06/2021 COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT: M/S. SHRI K.R. TRADING COMPANY GRAIN MANDI, KARELI, DISST. NARSINGHPUR 487 221 (M.P.) 2. THE RESPONDENT: INCOME TAX OFFICER, WARD-1(3), JABA LPUR 3. PR. CIT-1, JABALPUR 4. CIT(A)-1, JABALPUR 5. SR. DR, ITAT 6. GUARD FILE // TRUE COPY //