M/s.Mokha Builders & Promoters, Jabalpur V. Assistant Commissioner of Income Tax Circle 2(1), Jabalpur

ITSSA 28/JAB/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2895 (ITAT-JABALPUR)
• Duration Of Justice: 3 year(s) 1 month(s) 3 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 21-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 18-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SWATI AGGARWAL
• Section: 143(3); 153A

Judgement Text

MOKHA BUILDERS AND PROMOTERS V. ASST. CIT IT(SS)A NOS. 28 TO 30/JAB/2018 (AYS. 2006-07 TO 200 8-09) 1 IN THE INCOME TAX APPELLATE TRIBUNAL, JABALPUR BENC H, JABALPUR (SMC) (THROUGH VIDEO CONFERENCING) BEFORE SH. SANJAY ARORA, HON'BLE ACCOUNTANT MEMBER IT(SS)A NOS.28 TO 30/JAB/2018 ASSESSMENT YEARS: 2006-07 TO 2008-09 MOKHA BUILDERS AND PROMOTERS, JABALPUR (M.P.) [PAN: AAGFM 9843H] VS. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1), JABALPUR (APPELLANT) (RESPONDENT) APPELLANT BY SH. RAHUL BARDIA, FCA (WITHDRAWAL APPLICATION) RESPONDENT BY MS. SWATI AGGARWAL, SR. DR DATE OF HEARING 21/06/2021 DATE OF PRONOUNCEMENT 21/06/2021 ORDER PER SANJAY ARORA, AM THIS IS A SET OF THREE APPEALS BY THE ASSESSEE, I.E ., FOR THREE CONSECUTIVE ASSESSMENT YEARS, BEING AYS. 2006-07 TO 2008-09, AG ITATING THE SEPARATE ORDERS BY THE COMMISSIONER OF INCOME TAX (APPEALS)-2, JABA LPUR (CIT(A) FOR SHORT) OF EVEN DATE, I.E., 17/08/2016, DISMISSING ITS APP EALS CONTESTING ITS ASSESSMENTS UNDER SECTION 153A READ WITH S. 143(3) OF THE INCOM E TAX ACT, 1961 ('THE ACT' HEREINAFTER) FOR THE RELEVANT YEARS VIDE ORDER DATE D 28/03/2014. 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY THE LD. COUNSEL FOR THE ASSESSEE, SHRI BARDIA, THAT THE ASSESSEE HAS OPTED FOR VIVAD SE VISWAS SCHEME, 2019 (VSV SCHEME) FOR EACH OF THE YEARS UNDER APPEAL. T HE REQUISITE CERTIFICATE UNDER THE DIRECT TAX VIVAD SE VISWAS ACT, 2020 (DT VSV ACT) READ WITH THE RELEVANT RULE, I.E., FORM 3, HAS ALSO BE RECEIVED, AND THE REQUISITE TAX THEREUNDER MOKHA BUILDERS AND PROMOTERS V. ASST. CIT IT(SS)A NOS. 28 TO 30/JAB/2018 (AYS. 2006-07 TO 200 8-09) 2 ALSO DEPOSITED WITH THE CENTRAL GOVERNMENT, COPIES OF WHICH STAND ENCLOSED ALONG WITH THE WITHDRAWAL APPLICATIONS FURNISHED ON 11/6/2021. THE ASSESSEE MAY THEREFORE BE PERMITTED TO THE SAME. THE LD. DR, SMT. AGGARWAL, DID NOT HAVE ANY OBJECTI ON TO THE ASSESSEE WITHDRAWING ITS CAPTIONED APPEALS UNDER THE CIRCUM STANCES. 3. I HAVE HEARD THE PARTIES. FORM 3, SIGNIFYING THE ACCEPTANCE OF THE ASSESSEES APPLICATIONS UNDER THE VSV SCHEME, 2019 HAS BEEN ISSUED FOR ALL THE YEARS ON 09/01/2021 AND TAX DETERMINED THEREBY DEPO SITED ON 23/4/2021. IN VIEW OF THE ASSESSEE HAVING OPTED FOR AVAILING THE BENEFITS UNDER THE DTVSV ACT, IT HAS RELINQUISHED ITS RIGHTS UNDER THE SAID APPEALS, WHICH BECOME UNMAINTAINABLE UNDER THE SAID ACT. THE ASSESSEES S AID APPEALS ARE, ACCORDINGLY, PERMITTED TO BE WITHDRAWN. I DECIDE ACCORDINGLY. 4. IN THE RESULT, THE ASSESSEES APPEALS ARE DISMIS SED AS WITHDRAWN/NOT MAINTAINABLE. ORDER PRONOUNCED IN THE OPEN COURT ON JUNE 21, 2021 SD /- (SANJAY ARORA) A CCOUNTANT MEMBER DATED: 21/06/2021 COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT: M/S. MOKHA BUILDERS AND PROMOTERS, S OUTH CIVIL LINES, JABALPUR. 2. THE RESPONDENT: ASSISTANT COMMISSIONER OF INCOME TA X, CIRCLE 2(1), JABALPUR 3. PR. CIT-2, JABALPUR 4. CIT(A)-2, JABALPUR 5. SR. DR, ITAT 6. GUARD FILE // TRUE COPY //