Sandeep Pandurang Sakhare, Pune V. Income-tax Officer, Ward - 2 (4), Pune

ITA 966/PUN/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3626 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 4 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 04-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE VIRTUAL COURT BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER ITA NOS.965 & 966/PUN/2019 / ASSESSMENT YEARS : 2008-09 & 2009-10 SANDEEP PANDURANG SAKHARE, PANCHARATNA NAGAR, SHIVAJI CHOWK, NEAR HOTEL RAJMUDRA, HINJEWADI, MULSHI, PUNE 411 057 PAN : BPRPS3016K VS. ITO, WARD-2(4), PUNE APPELLANT RESPONDENT ITA NOS. 967 & 968/PUN/2019 / ASSESSMENT YEARS : 2008-09 & 2009-10 PANDURANG NIVRUTTI SAKHARE, PANCHARATNA NAGAR, SHIVAJI CHOWK, NEAR HOTEL RAJMUDRA, HINJEWADI, MULSHI, PUNE 411 057 PAN : DLVPS8233Q VS. ITO, WARD-2(4), PUNE APPELLANT RESPONDENT / ORDER THESE 4 APPEALS BY DIFFERENT BUT CONNECTED ASSESSEE S ARE DIRECTED AGAINST THE SEPARATE ORDERS DT. 05-03-2019 AND 06-03-2019 RESPECTIVELY PASSED BY THE COMMISSIONER OF INCOME-TAX (APPEALS)-3, PUNE IN RELATION TO THE ASSESSMENT YEA RS 2008-09 & 2009-10. 2. BEFORE US, ASSESSEES HAVE FILED LETTERS DATED 09-11-2020 SEEKING WITHDRAWAL OF THE APPEALS. THE RELEVANT CONTENTS OF SUCH LETTERS (EXCEPT APPEAL PARTICULARS), COMMON TO BOTH, READ AS UNDER : ASSESSEE BY NONE (WITHDRAWAL APPLICATIONS) REVENUE BY SHRI DEEPAK GARG DATE OF HEARING 11-11-2020 DATE OF PRONOUNCEMENT 11-11-2020 ITA NOS. 965 TO 968/PUN/2019 SANDEEP P. SAKHARE AND PANDURANG N. SAKHARE 2 WITH RESPECT TO THE ABOVE REFERRED APPEAL, THE APP ELLANT HAS OPTED FOR THE DIRECT TAXES VIVAD SE VISHWAS ACT, 2020 (D TVSV ACT) SCHEME, TO SETTLE THE DISPUTE PENDING BEFORE YOUR H ONOURS. IN THIS REFERENCE, THE APPELLANT HAD SUBMITTED FORM 1 AND F ORM 2 IN ACCORDANCE WITH RULE 3 OF THE DIRECT TAX VIVAD SE V ISHWAS RULES, 2020 (THE RULES) ON 28/10/2020. COPY OF THE SAME IS ATTACHED HEREWITH AS ANNEXURE-1 FOR YOUR HONOURS READY REFE RENCE AND RECORD. FURTHER, THE DESIGNATED AUTHORITY HAS ISSU ED FORM 3 IN ACCORDANCE WITH RULE 3 OF THE RULES ON 02/11/2020 W HICH WAS RECEIVED BY THE APPELLANT ON 02/11/2020. COPY OF T HE SAME IS ATTACHED HEREWITH AS ANNEXURE-2 FOR YOUR HONOURS R EADY REFERENCE AND RECORD. IN VIEW OF THE ABOVE, AND IN ACCORDANCE WITH SECTIO N 4(3) OF THE DTVSV ACT, THE APPELLANT IS HEREBY WITHDRAWING THE CURRENT APPEAL FILED ON 04/07/2019. THE APPELLANT UNDERTAKES THAT IT SHALL PAY/ALLOW ADJUSTMENT FOR THE ABOVE DEMAND RAISED IN FORM 3 WI THIN THE PRESCRIBED TIME LIMIT UNDER THE DTVSV ACT. THE APPELLANT REQUESTS YOUR HONOURS TO KINDLY GRANT PERMISSION TO WITHDRAW THE APPEAL, SO THAT IT CAN PROCEED UNDER T HE DTVSV ACT AND SETTLE THE DISPUTE. 3. THE LD. DR DID NOT RAISE ANY OBJECTION TO THE WI THDRAWAL OF THE APPEALS FILED BY THE ASSESSEES. AS SUCH, THE ASSE SSEES ARE PERMITTED TO WITHDRAW THE APPEALS. 4. IN THE RESULT, THE APPEALS ARE DISMISSED AS WIT HDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH NOVEMBER, 2020. SD/- SD/- (S.S.VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT PUNE; DATED : 11 TH NOVEMBER, 2020 ITA NOS. 965 TO 968/PUN/2019 SANDEEP P. SAKHARE AND PANDURANG N. SAKHARE 3 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT (APPEALS)-3, PUNE 4. THE PR.CIT-3, PUNE 5. , , B / DR B, ITAT, PUNE; 6. / GUARD FILE. // TRUE COPY // / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE DATE 1. DRAFT DICTATED ON 11-11-2020 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 11-11-2020 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. DATE OF UPLOADING ORDER SR.PS 8. FILE SENT TO THE BENCH CLERK SR.PS 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK 10. DATE ON WHICH FILE GOES TO THE A.R. 11. DATE OF DISPATCH OF ORDER. *