Deputy Commissioner Of Income Tax (Central), Jabalpur V. Shri Sheetalchand Keshrichand Jain, Jalgon

ITSSA 24/JAB/2018

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 3071 (ITAT-JABALPUR)
• Duration Of Justice: 4 year(s) 3 month(s) 21 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 28-08-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 28-08-2022
• Assessment Year: 2008-2009
• Appeal Filed On: 07-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3); 153A

Judgement Text

1 | P a g e IN THE INCOME TAX APPELLATE TRIBUNAL JABALPUR BENCH, JABALPUR BEFORE SHRI SANJAY ARORA, HON’BLE ACCOUNTANT MEMBER & SHRI MANOMOHAN DAS, HON'BLE JUDICIAL MEMBER I.T.(SS)A. No. 24/JAB/2018 (Asst. Year : 2008-09) Appellant by : Shri Sanjay Kumar, CIT-DR Respondent by : Shri Anil Gupta, FCA Date of hearing : 29/08/2022 Date of pronouncement : 29/08/2022 O R D E R Per Manomohan Das, JM: This is an Appeal by the Revenue directed against the Order by the Commissioner of Income Tax (Appeals)-1, Jabalpur (‘CIT(A)’, for short) dated 26/02/2018, allowing the assessee’s appeal contesting his assessment u/s. 153A read with section 143(3) of the Income Tax Act, 1961 (‘the Act’ hereinafter) dated 15/03/2016 for Assessment Year (AY) 2008-09. 2. At the very outset, it was submitted by Shri Gupta, the ld. counsel for the assessee, that the assessee has since preferred to settle the tax dispute in the instant case under the Direct Tax Vivad Se Vishwas Act, 2020 (‘the said Act’, hereinafter), adverting to copy of Form-5 dated 02/10/2021 enclosed along with the prayer for withdrawal. He would submit that the assessee may therefore be DCIT (Central), Jabalpur. vs. Sheetalchand Keshrichand Jain, 40, Rahul Jai Nagar Onkareshwar, Jalgaon, Maharashtra. [PAN : AALPJ 5743 L] (Appellant) (Respondent) IT(SS)A No. 24/JAB/2018 (A.Y. 2008-09) Dy,. CIT v. Sheetalchand Keshrichand Jain 2 | P a g e permitted to withdraw his appeal. The ld. CIT-DR fairly did not raise any objection to the same. 3. We have heard the parties, and perused the material on record. Form-5, which signifies the settlement of the tax dispute under reference under the said Act, is on record, and stands perused, to find it in order. Under the circumstances, we have no hesitation in acceding to the assessee’s request for being permitted to withdraw the instant appeal. We decide accordingly. 4. In the result, the Revenue’s appeal is dismissed as withdrawn/infructuous. Order pronounced in open Court on August 29, 2022 Sd/- Sd/- (Sanjay Arora) (Manomohan Das) Accountant Member Judicial Member Dated: 29/08/2022 vr/- Copy to: 1. The Appellant: Dy. CI T (Central), Jabalpur. 2. The Respondent: Sheetalchand Keshrichand Jain, 40, Rahul Jai Nagar Onkareshwar, Jalgaon, Maharashtra. 3. Principal CIT ( Ce ntral), Bhopal. 4. CIT( A)-1, Jabalpur. 5. The CI T-DR, I TAT, Jabalpur. 6. Guard File By order (VUKKEM RAMBABU) Sr. Private Secretary, ITAT, Jabalpur.