Income Tax Officer Ward- Seoni, Seoni V. Jila Sahkari Kendriya Bank Maryadit, Seoni

ITA 98/JAB/2018

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 6673 (ITAT-JABALPUR)
• Duration Of Justice: 3 year(s) 10 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-03-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 07-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL JABALPUR BENCH, JABALPUR (through web-based video conferencing platform) BEFORE SHRI SANJAY ARORA, HON’BLE ACCOUNTANT MEMBER & SHRI MANOMOHAN DAS, HON'BLE JUDICIAL MEMBER I.T.A. No. 98/JAB/2018 (Asst. Year: 2010-11) Assessee by : Shri B.Ganguly, Advocate. Department by : Shri S.K. Halder, Sr. DR Date of hearing : 09/03/2022 Date of pronouncement : 17/03/2022 O R D E R Per Bench: This is an Appeal by the Revenue agitating the part-allowance of the assessee’s appeal contesting its’ assessment under section 143(3) of the Income Tax Act, 1961 (‘the Act’) dated 19/4/2017 for assessment year (AY) 2010-11 by the first appellate authority vide his order dated 05/2/2018. 2.1 Sh. Ganguly, the ld. counsel for the assesse, would, at the outset, submit that the instant appeal survives no longer as the assessee-bank has since settled its’ relevant tax dispute with the Revenue by opting for the alternate dispute resolution under the Direct Tax Vivad Se Vishwas Act, 2020 (DTVSV), and toward which he would draw our attention to Forms 1 to 5 issued under the Rules notified under the said Act, forming part of the assessee’s written request dated 08/03/2022 in this respect (copy on record). Income Tax Officer, Ward, Seoni. vs. Jila Sahkari Kendriya Bank Maryadit, Bus Stand, Seoni. PAN : AAAAJ 2044 G (Appellant) (Respondent) ITA No. 98/JAB/2018 (AY: 2010-11) ITO vs. Jila Sahkari Kendriya Bank Maryadit 2 2.2 Shri Halder, the ld. Sr. DR, fairly conceded to this being the position; copy of the relevant documents having been also furnished, as required by procedure, by the assessee to the Revenue. 3. We have heard the parties, and perused the material on record. Form 5, issued u/r. 7 of the DTVSV Rules, 2020 in the instant case on 07/12/2021, signifies the settlement of the tax dispute under reference, i.e., per the instant appeal. In this view of the matter, we have no hesitation in, acceding to the assessee’s request, permit the withdrawal of the Revenue’s captioned appeal before the Tribunal, outstanding for adjudication before it, as not maintainable. 5. In the result, the captioned appeal is dismissed as not maintainable. Order Pronounced in open Court on March 17 , 2022 Sd/- sd/- (MANOMOHAN DAS) (SANJAY ARORA) Judicial Member Accountant Member Dated: March 17, 2022 vr/- Copy to: 1. The Assessee: Jila Sahkari Kendriya Bank Maryadit, Bus Stand, Seoni 2. The Revenue: ITO, Ward, Seoni. 3. The Principal CI T-1, Jabalpur (MP) 4. The CI T( Appeals)-1, Jabalpur. 5. The Sr . D.R., Jaba lpur. 6. Guard file. By order (VUKKEM RAMBABU) Sr. Private Secretary, ITAT, Jabalpur.