SHRI BHANWAR LAL KHICHI, AJMER V. INCOME TAX OFFICER, WARD-2-3, AJMER

MA 44/JPR/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4282 (ITAT-JAIPUR)
• Duration Of Justice: 7 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-10-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 02-03-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ROONI PAUL CIT DHK
• Section: 22

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES B, JAIPUR JH LANHI XLKA ] U;KF;D LNL; ,OA JH FOE FLAG ;KNO] YS[KK LNL; DS LE{K BEFORE SHRI SANDEEP GOSAIN, JM & SHRI VIKRAM SINGH YADAV, AM M.A. NO. 44/JP/2020 (ARISING OUT OF ITA NO. 1201/JP/2018) FU/KZKJ.K O'KZ@ ASSESSMENT YEAR : 2013-14 SH. BHANWAR LAL KHICHI (KHATEEK), VILLAGE-SRINAGAR, AJMER. C UKE VS. I.T.O. WARD 2(3), AJMER. LFKK;H YS[KK LA -@THVKBZVKJ LA -@ PAN/GIR NO.: BLDPK 4888 B VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS @ ASSESSEE BY : NONE (WITHDRAWAL) JKTLO DH VKSJ LS @ REVENUE BY : SMT. ROONI PAUL (ADDL.CIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 16/10/2020 MN?KKS 'K.KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 22/10/2020 VKNS'K@ ORDER PER: SANDEEP GOSAIN, J.M. THIS MISC. APPLICATION HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF THE COORDINATE BENCH OF THIS TRIBUNAL DATED 06/01/2020 SEEKING SOME RECTIFICATION IN THE ORDER. 2. THE HEARING OF THIS M.A. WAS CONCLUDED THROUGH VIDEO CONFERENCE IN VIEW OF THE PREVAILING SITUATION OF COVID-19 PANDEMIC. 3. NONE HAS ATTENDED ON BEHALF OF ASSESSEE BUT AT THE TIME OF HEARING, AN APPLICATION SEEKING WITHDRAWAL OF THE PRESENT M.A. HAS BEEN PRESSED AND THE CONTENTION OF THE SAID APPLICATION READS AS UNDER: MA 44/JP/2020_ SH. BHANWAR LAL KHICHI (KHATEEK) VS ITO 2 WE HUMBLY REQUEST THAT THE ABOVE APPEAL BE KINDLY TREATED AS WITHDRAWN, IN VIEW OF ONGOING OPTION UNDER THE VIVAD SE VISHWAS SCHEME. IT MAY KINDLY BE NOTED THAT THE APPELLANT HAD FILED AN APPLICATION (FORM-1) UNDER THE ABOVE SCHEME ON 04/06/2020(RECEIPT NO. 345649700040620). IN RESPECT OF WHICH, FORM-3 HAS BEEN ISSUED BY THE PCIT, AJMER ON 10/07/2020 (ACKNOWLEDGMENT NO. 390863360100720) COPY OF THE DEPARTMENTAL COMMUNICATION IS ENCLOSED. RESPECTFULLY SUBMITTED FOR AND ON BEHALF OF OUR CLIENT. (CA DIVYA SOMANI, CA & AR) 4. IN THE APPLICATION OF THE ASSESSEE, IT HAS BEEN STATED THAT THE ASSESSEE HAS AVAILED THE IMMUNITY SCHEME I.E. VIVAD SE VISHWAS AND THE INCOME TAX DEPARTMENT HAS SINCE ISSUED FORM 3 BEARING CERTIFICATE NO. 390863360100720 IN RESPONSE TO THE APPLICATION FILED BY THE ASSESSEE, UNDER SECTION 5(1) OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020, THEREFORE THE APPEAL/MA OF THE ASSESSEE MAY BE ALLOWED TO BE WITHDRAWN. 5. THE LD. DR DID NOT OBJECT IF APPEAL/MA OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. MA 44/JP/2020_ SH. BHANWAR LAL KHICHI (KHATEEK) VS ITO 3 6. IN VIEW OF THE ABOVE, WE PERMIT THE ASSESSEE TO WITHDRAW THE PRESENT MISC. APPLICATION AND THE SAME IS DISMISSED AS WITHDRAWN. 7. IN THE RESULT, THIS M.A. OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND OCTOBER, 2020. SD/- SD/- FOE FLAG ;KNO LANHI XLKA (VIKRAM SINGH YADAV) (SANDEEP GOSAIN) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 22/10/2020 *RANJAN VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- SH. BHANWAR LAL KHICHI (KHATEEK), AJMER. 2. IZR;FKHZ @ THE RESPONDENT- THE I.T.O., WARD 2(3), AJMER. 3. VK;DJ VK;QDR @ CIT 4. VK;DJ VK;QDRVIHY @ THE CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (MA NO. 44/JP/2020) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR