Dilawar R Shaikh, Pune V. Deputy Commissioner of Income-tax, Circle - 8, Pune

MA 23/PUN/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8333 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 11 month(s) 22 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 26-03-2021
• Assessment Year: 2009-2010
• Appeal Filed On: 04-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S P WALIMBE
• Assessee Lawyers: S D PATHAK
• Section: 10

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, J UDICIAL MEMBER . / MA NO S. 23 TO 25 /PUN/20 2 0 (ARISING OUT OF ITA NO S .1 832 TO 1834 /PUN/201 7 ) / ASSESSMENT YEAR S : 20 09 - 10 TO 2011 - 12 DILAWAR R. SHAIKH, ASHIANA, PLOT NO. 45, SECTOR NO. 1, INDRAYANI NAGAR, BHOSARI, PUNE 411026 PAN : ALJPS3300F ....... / APPELLANT / V/S. DY. COMMISSIONER OF INCOME TAX, CIRCLE 8, PUNE / RESPONDENT ASSESSEE BY : SHRI S.D. PATHAK REVENUE BY : SHRI S.P. WALIMBE / DATE OF HEARING : 26 - 03 - 2021 / DATE OF PRONOUNCEMENT : 26 - 0 3 - 2021 / ORDER PER S.S. VISWANETHRA RAVI, JM : THESE THREE MISCELLANEOUS APPLICATION S BY THE ASSESSEE AGAINST THE ORDER PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS) - 9, PUNE [CIT(A)] FOR ASSESSMENT YEAR S 2009 - 10 TO 2011 - 12 . 2 MA NO S. 23 TO 25/PUN/2020, A.YS. 2009 - 10 TO 2011 - 12 2. TH ESE THREE MISCELLANEOUS APPLICATIONS WERE FILED WITH A DELAY OF 400 DAYS. THE ASSESSEE FILED AN AFFIDAVIT EXPLAINING THE REASONS FOR DELAY. AFTER HEARING BOTH THE PARTIES, WE FIND THAT THE REASONS STATED BY THE ASSESSEE ARE BONAFIDE WHICH REALLY PREVENTE D THE ASSESSEE TO FILE THE PRESENT APPEAL IN TIME. THEREFORE, THE DELAY OF 400 DAYS ARE CONDONED. 3 . ON PERUSAL OF THE LETTER DATED 19 - 03 - 2021 FILED BY THE ASSESSEE, WE NOTE THAT THE ASSESSEE WISHES TO WITHDRAW THE MISCELLANEOUS APPLICATION S IN VIEW OF H AVING FILED APPLICATION UNDER VIVAD SE VISHWAS SCHEME PROOF OF WHICH THE FORM NO. 3 IS ENCLOSED BEFORE THIS TRIBUNAL. 4 . THE LD. DR HAS NO OBJECTION IN CASE THE ASSESSEE WISHES TO WITHDRAW THE MISCELLANEOUS APPLICATIONS. 5 . IN VIEW OF THE REQUEST MADE BY THE ASSESSEE ALL THE THREE MISCELLANEOUS APPLICATION S ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 26 TH MARCH, 2021 . SD/ - SD/ - ( INTURI RAMA RAO ) ( S.S. VISWANETHRA RAVI ) ACCOUNTANT MEMBER JUDICIAL MEMBER / PUNE; / DATED : 26 TH MARCH, 2021 . RK 3 MA NO S. 23 TO 25/PUN/2020, A.YS. 2009 - 10 TO 2011 - 12 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(A) - 9, PUNE 4. THE PR. CIT - 5, PUNE 5. , , , / DR, ITAT, B BENCH, PUNE. 6. / GUARD FILE. // // TRUE COPY// / BY ORDER, / PRIVATE SECRETARY, , / ITAT, PUNE