M/s B D. Patil & Co., Byadgi V. Deputy Commissioner of Income Tax, Central Circle - 1(4), Belgavi

ITSSA 26/PAN/2018

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 5127 (ITAT-PANAJI)
• Duration Of Justice: 3 year(s) 8 month(s) 7 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 22-02-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: WT(D)
• Assessment Year: 2010-2011
• Appeal Filed On: 14-06-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 153A

Judgement Text

आयकर अपीलȣय अͬधकरण Ûयायपीठ, पणजी म Ʌ । IN THE INCOME TAX APPELLATE TRIBUNAL, PANAJI (Through virtual Court- at Raipur) BEFORE SHRI RAVISH SOOD, JUDICIAL MEMBER AND SHRI JAMLAPPA D BATTULL, ACCOUNTANT MEMBER आयकर अपील सं. / ITA Nos. 25, 26, 27 & 28/PAN/2018 Ǔनधा[रण वष[ / Assessment Years : 2009-10 to 2012-13 M/s. B.D Patil & Co. APMC Yard, Byadgi-581 106 Haveri District, Karnataka PAN : AAFFB5159E .......अपीलाथȸ / Appellant बनाम / V/s. The Deputy Commissioner of Income Tax Central Circle-1(4), Belagavi. ......Ĥ×यथȸ / Respondent Assessee by : Smt. Sunaina Bhatiya, AR Revenue by : Shri Sourabh Nayak, Sr. DR स ु नवाई कȧ तारȣख / Date of Hearing : 23.02.2022 घोषणा कȧ तारȣख / Date of Pronouncement : 23.02.2022 2 M/s. B.D. Patil & Co. Vs. DCIT, Central Circle-1(4) ITA Nos.25 to 28 /PAN/2018 आदेश / ORDER PER RAVISH SOOD, JM: The present four appeals filed by the assessee are directed against the order passed by the CIT(Appeals)-2, Panaji dated 16.04.2018, which in turn arises from the respective orders passed by the A.O under Sec. 143(3) r.w.s 153A of the Income-tax Act, 1961, dated 10.11.2016 for assessment years 2009-10 to 2012-13. 2. The assessee company has filed a letter dated 27 th September, 2021 wherein it is stated that in order to settle the aforesaid appeal pending before the Tribunal an application has been filed under the Direct Tax Vivad se Vishwas Act, 2020. During the course of hearing of the appeal, it was stated by the Ld. Authorized Representative (in short ‘AR') for the assessee that “Form 5” have been issued by the designated authority. Backed by the aforesaid facts it is requested that the captioned appeal may be allowed to be withdrawn. 3. The ld. D.R did not controvert the aforesaid factual position as had been stated before us. 4. In view of the above, captioned appeals are dismissed as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved 3 M/s. B.D. Patil & Co. Vs. DCIT, Central Circle-1(4) ITA Nos.25 to 28 /PAN/2018 under the Vivad se Vishwas scheme, then, the appellant shall have liberty to approach the Tribunal for restoration of its appeal. 5. Resultantly, all the appeals are dismissed as withdrawn subject to the observation recorded hereinabove. Order pronounced in Open Court on 23 rd day of February, 2022. Sd/- Sd/- JAMLAPPA D BATTULL RAVISH SOOD ACCOUNTANT MEMBER JUDICIAL MEMBER रायपुर/ RAIPUR ; ᳰदनांक / Dated : 23 rd February, 2022 *SB आदेश कȧ ĤǓतͧलͪप अĒेͪषत / Copy of the Order forwarded to : 1. अपीलाथȸ / The Appellant. 2. Ĥ×यथȸ / The Respondent. 3. The CIT(Appeals)-2, Panaji, Goa. 4. The Pr. CIT (Central), Bangalore 5. ͪवभागीय ĤǓतǓनͬध, आयकर अपीलȣय अͬधकरण, पणजी / DR, ITAT, Panaji. 6. गाड[ फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // िनजी सिचव / Private Secretary आयकर अपीलीय अिधकरण, रायपुर / ITAT, Raipur. 4 M/s. B.D. Patil & Co. Vs. DCIT, Central Circle-1(4) ITA Nos.25 to 28 /PAN/2018 Date 1 Draft dictated on 23.02.2022 Sr.PS/PS 2 Draft placed before author 23.02.2022 Sr.PS/PS 3 Draft proposed and placed before the second Member JM/AM 4 Draft discussed/approved by second Member AM/JM 5 Approved draft comes to the Sr. PS/PS Sr.PS/PS 6 Kept for pronouncement on Sr.PS/PS 7 Date of uploading of order Sr.PS/PS 8 File sent to Bench Clerk Sr.PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R 11 Date of dispatch of order