Kishor Laxminarayan Rathi, Pune V. Deputy Commissioner of Income-tax, Central Circle-1(1), Pune

ITSSA 23/PUN/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1919 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 3 month(s) 9 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 08-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 29-08-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: IS DIRECTED AGAINS T PASSED

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE VIRTUAL COURT BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER IT(SS) A NO. 23/PUN/2018 / ASSESSMENT YEAR : 2012-13 KISHOR LAXMINARAYAN RATHI, C4, ABHIMANSHREE CO-OP. HSG. SOCIETY, PASHAN ROAD, AUNDH, PUNE 411 008 PAN : AAHPR4178F VS. DCIT, CENTRAL CIRCLE-1(1), PUNE APPELLANT RESPONDENT / ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A)-11, PUNE ON 16-05-2018 IN RELATION TO THE ASSESSMENT YEAR 2012-13. 2. BEFORE US, THE ASSESSEE HAS FILED A LETTER DATED 26-11 -2020 SEEKING WITHDRAWAL OF THE APPEAL. THE RELEVANT CONTENTS OF SU CH LETTER READS AS UNDER : THE CAPTIONED APPEAL, THAT IS PENDING ADJUDICATION BEFORE THE HONBLE ITAT WAS FILED BY THE APPELLANT ON 29-08-20 18. IN THIS REGARD, THE APPELLANT WISHES TO HUMBLY SUBMIT THAT THE APPELLANT HAS OPTED FOR RESOLUTION UNDER THE PROVISIONS ENUMERATE D UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (THE VSV ACT). IN ORDER TO GIVE EFFECT OF THE PROCEEDINGS ENUMERAT ED UNDER THE VSV ACT, RULE 5 OF THE DIRECT TAX VIVAD SE VISHWS RULES , 2020 (THE VSV RULES), STIPULATES THAT THE APPELLANT IS LIABLE TO WITHDRAW THE GROUND OF APPEAL, PRIOR TO FURNISHING OF FORM 4 (INTIMATIO N OF PAYMENT). ASSESSEE BY SHRI KISHOR RATHI REVENUE BY SMT. DIVYA BAJPAI DATE OF HEARING 08-12-2020 DATE OF PRONOUNCEMENT 08-12-2020 IT(SS)A NO.23/PUN/2018 KISHOR LAXMINARAYAN RATHI 2 THEREFORE, IN COMPLIANCE WITH THE AFORESAID RULE, T HE APPELLANT HEREBY SUBMITS THAT THE APPEAL IN ITA NO.23/PUN/201 8 FOR AY 2012- 13, MAY BE PERMITTED TO BE WITHDRAWN. 4. KINDLY CONSIDER THIS APPLICATION AS APPLICATION TO WITHDRAW THE APPEAL PENDING BEFORE YOUR HONOUR FROM MY SIDE AND ACKNOWLEDGE THE SAME AND OBLIGE. 3. THE LD. DR DID NOT RAISE ANY OBJECTION TO THE WITHDRAWAL OF THE APPEAL FILED BY THE ASSESSEE. AS SUCH, THE ASSESSEE IS PERMITTED TO WITHDRAW THE APPEAL. 4. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 08 TH DECEMBER, 2020. SD/- SD/- (PARTHA SARATHI CHAUDHURY) (R.S.SYAL) JUDICIAL MEMBER VIC E PRESIDENT PUNE; DATED : 08 TH DECEMBER, 2020 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT(A)-11, PUNE 4. 5. THE PR.CIT-11, PUNE , , / DR A, ITAT, PUNE 6. / GUARD FILE / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE IT(SS)A NO.23/PUN/2018 KISHOR LAXMINARAYAN RATHI 3 DATE 1. DRAFT DICTATED ON 08-12-2020 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 08-12-2020 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. *