Income Tax Appellate Tribunal - Jabalpur
M/S Goel & Goel , Itarsi vs Assistant Commissioner Of Income Tax, ... on 28 June, 2021
Goel and Goel v. Asst. CIT
ITA No. 74/Jab/2019 (AY 2007-08)
IN THE INCOME TAX APPELLATE TRIBUNAL, JABALPUR BENCH,
JABALPUR (SMC)
(through Video Conferencing)
BEFORE SH. SANJAY ARORA, HON'BLE ACCOUNTANT MEMBER
ITA No.74/JAB/2019
Assessment Year: 2007-08
Goel and Goel, Assttt. CIT,
Itarsi vs. Circle Itarsi
(M.P.) (M.P.)
[PAN: AAFFG 3621E]
(Appellant) (Respondent)
Appellant by Sh. Sapan Usrethe, Adv.
(Withdrawal Application )
Respondent by Ms. Swati Agarwal, Sr. DR
Date of hearing 28/06/2021
Date of pronouncement 28/06/2021
ORDER
Per Sanjay Arora, AM
This is an Appeal by the Assessee directed against the Order by the Commissioner of Income Tax (Appeals)-1, Bhopal ('CIT(A)' for short) dated 03/6/2019, dismissing the assessee's appeal contesting its' assessment under section 143(3) of the Income Tax Act, 1961 ('the Act' hereinafter) for the Assessment Year (AY) 2007-08 vide Order dated 21/3/2016.
2. At the very outset, it was submitted by Sh. Sapan Usrethe, Adv., the ld. counsel for the assessee, that the assessee had opted for the Vivad Se Vishwas Scheme, 2019 in respect of its' captioned appeal, which stands since accepted by the Revenue, with it issuing, toward the same, Form-3, i.e., the certificate under the Direct Tax Vivad Se Vishwas Act, 2020 ('DTVsV Act') read with the relevant rule, specifying the amount to be deposited thereunder in settlement of 1 Goel and Goel v. Asst. CIT ITA No. 74/Jab/2019 (AY 2007-08) the dispute, which stands also since paid by the assessee. The assessee's appeal may, under the circumstances, be permitted to be withdrawn.
3. I have heard the parties, and perused the material on record. The withdrawal application dated 25/6/2021 (on record) also states the relevant facts, enclosing along with Form 3 dated 09/12/2020. The DTVsV Act itself provides for the withdrawal of an appeal on the resolution of the dispute under the said Act. The assessee's captioned appeal, in view thereof, becomes not maintainable, and liable to be withdrawn.
4. The assessee's appeal is, accordingly, permitted to be withdrawn. I decide accordingly.
5. In the result, the assessee's appeal is dismissed as not maintainable/ withdrawn.
Order pronounced in the Open Court on June 28, 2021 Sd/-
(Sanjay Arora) Accountant Member Dated: 28/06/2021 Copy of the Order forwarded to:
1. The Appellant: M/s. Goel and Goel, Seventh Lane, Main Road, Itarsi
- 461111 (M.P.)
2. The Respondent: Assistant Commissioner of Income Tax, Circle Itarsi, Room No. 213, Aaykar Bhawan, Hoshangabad Road, Bhopal - 462004 (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