Income Tax Officer-1, Korba V. M/s Sun Grace Construction Company, Korba

ITA 95/RPR/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 8734 (ITAT-RAIPUR)
• Duration Of Justice: 3 year(s) 1 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-07-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 29-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P K MISHRA

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. 95 / RPR /2018 (ASST. YEAR : 20 09 - 1 0 ) IT O - 1 , KORBA (CG) . VS. M/S. SUN GRACE CONSTRUCTION COMPANY , MIG - 29, R.P. NAGAR, KORBA (CG) PAN NO. ABIFS 4254 K (RESPONDENT) (APPELLANT ) C.O.NO. 1 1 / RPR /2018 (ARISING OUT OF I.T.A. NO. 95 / RPR/2018 ) (ASST. YEAR : 2009 - 1 0 ) M/S. SUN GRACE CONSTRUCTION COMPANY, MIG - 29, R.P. NAGAR, KORBA (CG) PAN NO. ABIFS 4254 K VS. ITO - 1, KORBA (CG). (RESPONDENT) (APPLICANT ) ASSESSEE BY : WRITTEN SUBMISSIONS . DEPARTMENT BY : SHRI P.K. MISHRA , CIT DR DATE OF HEARING : 28 / 0 7 /2021 . DATE OF PRONOUNCEMENT : 28 / 0 7 /20 2 1 . 2 ITA NO. 95 /RPR /20 18 C.O.NO.1 1 / RPR /2018 ( M/S. SUN GRACE CONSTRUCTION ) O R D E R PER N.K. CHOUDHRY, JUDICIAL MEMBER: THIS APPEAL HAS BEEN PREFERRED BY THE REVENUE AND THE CROSS OBJECTION HAS BEEN PREFERRED BY THE A SSESSEE AGAINST THE ORDER DATED 26 /03/201 8 IMPUGNED HEREIN PASSED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 1 [FOR SHORT, LD. COMMISSIONER], BILASPUR U/SEC. 250(6) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE 'ACT') FOR THE A.Y. 20 09 - 1 0 . 2. THE A SSESSEE HA S PREFERRED AN APPLICATION UNDER CONSIDERATION DATED 27 /0 7 /2021 FOR WITHDRAWAL OF THE CROSS OBJECTION . 3. AT THE TIME OF HEARING, WE HAVE NOTICED THAT A SSESSEE HA S AVAILED THE IMMUNITY SCHEME I.E . VIVAD SE VISHWAS UNDER T HE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 AND T HE INCOME TAX DEPARTMENT HAS ISSUED FORM NO.3 , DATED 21 /01/2021 IN RESPONSE TO THE APPLICATION FILED BY THE A SSESSEE UNDER THE SCHEME, THEREFORE CROSS OBJECTION OF THE A SSESSEE MAY BE ALLOWED TO BE DISMISSED AS WITHDRAWN AND ALSO REQUESTED THE BENCH TO DISMISS THE APPEAL OF THE REVENUE AS INFRUCTUOUS. 4. THE LD. DR HAS RAI SED NO OBJECTION, IF THE CROSS OBJECTION OF THE A SSESSEE IS ALLOWED TO BE DISMISSED AS WITHDRAWN AND ALSO APPEAL OF THE REVENUE MAY BE DISMISS ED AS INFRUCTUOUS WITH LIBERTY TO SEEK RECALL OF THE ORDER IN CASE ANY UNFORESEEN CIRCUMSTANCES WOULD ARISE IN FUTURE. 5. HAVING HEARD LD.DR AND PERUSED THE APPLICATION FOR WI THDRAWAL OF THE CROSS OBJECTION AND FORM NO. 3 (COPY ALREADY ON RECORD) 3 ITA NO. 95 /RPR /20 18 C.O.NO.1 1 / RPR /2018 ( M/S. SUN GRACE CONSTRUCTION ) ISSUED BY THE DEPARTMENT. CONSIDERING THE FACT S AND CIRCUMSTANCES OF THE CASE , THE CROSS OBJECTION OF THE A SSESSEE IS LIABLE TO BE DISMISSED AS WITHDRAWN AND THE APPEAL OF THE REVENUE IS ALSO LIABLE TO BE DISMISSED AS INFRUCTUOUS WITH LIBERTY TO SEEK RECALL OF THE ORDER AS PRAYED F OR IN ACCORDANCE WITH LAW, HENCE ORDERED ACCORDINGLY . 6. IN THE RESULT, APPEAL OF THE REVENUE STANDS DISMISSED AS INFRUCTUOUS AND THE CROSS OBJECTION OF THE A SSESSEE STANDS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT ON THIS 28 TH DAY OF JULY, 2021. SD/ - SD/ - (PRADIP KUMAR KEDIA) (N.K. CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 28 TH JULY, 2021. VR/ - COPY TO: 1. THE ASSESSEE - M/S. SUN GRACE CONSTRUCTION COMPANY, MIG - 29, R.P. NAGAR, KORBA (CG) 2. REVENUE - ITO - 1, KORBA (CG). 3. LD. CIT(A) - 1 , BILASPUR (CG). 4. PR.CIT, BILAPUR. 5. THE D.R., RAIPUR. 6. GUARD FILE. BY ORDER SR. PRIVATE SECRETARY, ITAT, RAIPUR (ON TOUR).