Income Tax Appellate Tribunal - Jabalpur
M/S.Malviya Jewellers, Itarsi vs Income Tax Officer Ward-1, Itarsi on 25 June, 2021
Malviya Jewellers v. ITO
ITA Nos. 241 & 242/Jab/2018 (AYs. 2012-13 & 2013-14)
IN THE INCOME TAX APPELLATE TRIBUNAL, JABALPUR BENCH,
JABALPUR (SMC)
(through Video Conferencing)
BEFORE SH. SANJAY ARORA, HON'BLE ACCOUNTANT MEMBER
ITA Nos. 241 & 242/JAB/2018
Assessment Years: 2012-13 & 2013-14
Malviya Jewellers, Income Tax Officer -1,
Itarsi vs. Itarsi
(M.P.) (M.P.)
[PAN: AATFM 8883G]
(Appellant) (Respondent)
Appellant by Ms. Apoorva Agrawal, Adv. (for
Sh. Sapan Usrethe, Adv.)
Respondent by Ms. Swati Agarwal, Sr. DR
Date of hearing 25/06/2021
Date of pronouncement 25/06/2021
ORDER
Per Sanjay Arora, AM
This is a set of two Appeals by the Assessee for two consecutive years, i.e., assessment years 2012-13 & 2013-14, directed against the combined Order dated 12/9/2018 by the Commissioner of Income Tax (Appeals)-1, Bhopal ('CIT(A)' for short), confirming the levy of penalty under section 271(1)(c) of the Income Tax Act, 1961 ('the Act' hereinafter) by the Assessing Officer vide his separate orders of even date, i.e., 28/9/2015.
2. Adverting to the assessee's withdrawal applications dated 23/6/2021 on record, it was, at the very outset, submitted by Ms. Agrawal, the ld. counsel representing the assessee, that the assessee has opted for 'Vivad Se Viswas Scheme, 2019', depositing the requisite sums (penalty) thereunder with the Central Government in terms of the Certificate under The Direct Tax Vivad Se 1 Malviya Jewellers v. ITO ITA Nos. 241 & 242/Jab/2018 (AYs. 2012-13 & 2013-14) Viswas Act, 2020 ('DTVsV Act') read with the relevant Rule, i.e., Form 3, also enclosed along with. The assessee's appeals be therefore permitted to be withdrawn. The ld. Sr. DR, Ms. Agarwal, conveyed her no objection to the assessee withdrawing its' appeals under the circumstances.
3. I have heard the parties. The assessee having opted for availing the benefits under the DTVsV Act, it does not intend to prosecute its' captioned appeals, but to settle its dispute with the Department. Rather, in terms of the said Act, it has, in principle, relinquished its' rights under the appeal/s, which becomes unmaintainable under the said Act. I, accordingly, have no hesitation in permitting the withdrawal of its' captioned appeals by the assessee.
4. The assessee's appeals are allowed to be withdrawn. I decide accordingly.
5. In the result, the assessee's appeals are dismissed as withdrawn/not maintainable.
Order pronounced in the Open Court on June 25, 2021 Sd/-
(Sanjay Arora) Accountant Member Dated: 25/06/2021 Copy of the Order forwarded to:
1. The Appellant: M/s. Malviya Jewellers, Chhota Sarafa, Itarsi - 461 111, Hoshangabad (M.P.)
2. The Respondent: Income Tax Officer -1, Itarsi (M.P.)
3. The Pr. CIT-1, Bhopal
4. The CIT(A)-1, Bhopal
5. The Sr. DR, ITAT, Jabalpur
6. Guard File // True Copy // 2