M/s. BNC Power Projects Ltd, Pune V. Income tax Officer,

ITSSA 4/PUN/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4854 (ITAT-PUNE)
• Duration Of Justice: 4 year(s) 4 month(s) 8 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 18-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 07-04-2021
• Assessment Year: 2012-2013
• Appeal Filed On: 09-01-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S P WALIMBE
• Section: 201; 13; 10

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUNE BEFORE SHRI INTURI RAMA RAO , ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY , J UDICIAL MEMBER . / IT (SS) A NO S . 01 TO 04 /PUN/201 7 / ASSESSMENT YEAR S : 20 09 - 10 TO 2012 - 13 M/S. BNC POWER PROJECTS LTD., 3 RD FLOOR, BUTTEPATIL COMPLEX, NEAR DASHBHUJA GANAPATI TEMPLE, KARVE ROAD, KOTHRUD, PUNE 411038 PAN : A ADCB2599R ....... / APPELLANT / V/S. THE ITO (CENTRAL) - 1, NASHIK / RESPONDENT . / IT(SS)A NO.20/PUN/2017 / ASSESSMENT YEAR : 2009 - 10 THE ASST. COMMISSIONER OF INCOME - TAX, CENTRAL CIRCLE - 2, NASHIK ....... / APPELLANT / V/S. M/S. BNC POWER PROJECTS LTD., 3 RD FLOOR, BUTTEPATIL COMPLEX, NEAR DASHBHUJA GANAPATI TEMPLE, KARVE ROAD, KOTHRUD, PUNE 411038 PAN : AADCB2599R / RESPONDENT ASSESSEE BY : NONE (WITHDRAWAL APPLICATION) REVENUE BY : SHRI S.P. WALIMBE / DATE OF HEARING : 0 7 - 0 4 - 20 2 1 / DATE OF PRONOUNCEMENT : 18 - 0 5 - 202 1 2 IT (SS) A NO S . 01 TO 04 /PUN/201 7 IT(SS)A NO.20/PUN/2017 / ORDER OUT OF THE FIVE APPEALS, FOUR APPEAL S FILED BY THE ASSESSEE AND ONE BY THE REVENUE ARE DIRECTED AGAINST CONSOLIDATED ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) - 12 , PUNE , DATED 2 8 . 11 .201 6 FOR THE ASSESSMENT YEAR S 2009 - 10 TO 201 2 - 1 3 . 2. WHEN THE MATTER WAS CALLED ON TODAY, THE APPELLANT FILED SEPARATE LETTER S IN EACH APPEAL SEEKING PERMISSION TO WITHDRAW ALL THE APPEAL S ON THE GROUND THAT THE ISSUE INVOLVED IN THE PRESENT APPEAL STANDS SETTLED UNDER THE VIVAD SE VISHWAS SCHEME, 2020. THE APPELLANT ALSO FILED COP IES OF FORM NO.3 ISSUED BY THE PR. COMMISSIONER OF INCOME TAX, NASHIK - 1 . 3. ON THE OTHER HAND, THE LD. DEPARTMENT REPRESENTATIVE HAD EXPRESSED NO OBJECTION TO PERMIT THE WITHDRAWAL OF APPEAL S . 4. IN THE CIRCUMSTANCES, WE HEREBY GRANT PERMISSION TO THE APPELLANT TO WITHDRAW ALL THE APPEAL S . ACCORDINGLY, ALL THE APPEAL S STANDS DISMISSED AS WITHDRAWN. 5. IN THE RESULT, ALL THE APPEAL S FILED BY THE ASSESSEE AND REVENUE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 1 8 TH M A Y , 20 2 1 . SD/ - SD/ - PARTHA SARATHI CHAUDHURY INTURI RAMA RAO JUDICIAL MEMBER ACCOUNTANT MEMBER / PUNE; / DATED : 1 8 T H M A Y , 20 2 1 GCVSR 3 IT (SS) A NO S . 01 TO 04 /PUN/201 7 IT(SS)A NO.20/PUN/2017 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT ; 2. / THE RESPONDENT; 3. ( ) / THE CIT (A) - 12 , PUNE ; 4. THE PR.CIT , CENTRAL, NAGPUR ; 5. , , A / DR A , ITAT, PUNE; 6. / GUARD FILE. / BY ORDER, // // TRUE COPY// / SR. PRIVATE SECRETARY , / ITAT, PUNE