SHRI YATHARTH TIWARI, Jaipur v. INCOME TAX OFFICER, WARD-4-1, Jaipur

ITA 1084/JPR/2019 | 2009-2010
Pronouncement Date: 15-03-2021 | Result: Dismissed

Appeal Details

RSA Number 108423114 RSA 2019
Assessee PAN ADVPT2425J
Bench Jaipur
Appeal Number ITA 1084/JPR/2019
Duration Of Justice 1 year(s) 6 month(s) 12 day(s)
Appellant SHRI YATHARTH TIWARI, Jaipur
Respondent INCOME TAX OFFICER, WARD-4-1, Jaipur
Appeal Type Income Tax Appeal
Pronouncement Date 15-03-2021
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted SMC
Tribunal Order Date 15-03-2021
Last Hearing Date 15-01-2020
First Hearing Date 15-01-2020
Assessment Year 2009-2010
Appeal Filed On 02-09-2019
Judgment 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 VK;DJ VIHY LA -@ ITA NO. 1084/JP/2019 FU/KZKJ.K O'KZ@ ASSESSMENT YEAR : 2009-10 SH. YATHARTH TIWARI A-58-A TIWARI BHAWAN SHASTRI NAGAR JAIPUR CUKE VS. ITO WARD 4(1) JAIPUR LFKK;H YS[KK LA -@THVKBZVKJ LA-@ PAN/GIR NO.: ADVPT2425J VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : MS. SHIVANGI SAMDHANI (CA) JKTLO DH VKSJ LS @ REVENUE BY: SMT. MONISHA CHOUDHARY(ADDL.CIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 05/03/2021 MN?KKS 'K.KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 15/03/2021 VKNS'K@ ORDER PER: SANDEEP GOSAIN J.M. THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A)-2 JAIPUR DATED 27/06/2019 FOR THE A.Y. 2009-10 2. THE HEARING OF THE APPEAL WAS CONCLUDED THROUGH VIDEO CONFERENCE IN VIEW OF THE PREVAILING SITUATION OF COVID-19 PANDEMIC. 3. AT THE TIME OF HEARING THE ASSESSEE FURNISHED AN APPLICATION FOR WITHDRAWAL OF THIS APPEAL. THE CONTENTION MADE IN THE SAID APPLICATION READS AS UNDER: IT IS MOST HUMBLY SUBMITTED THAT THE QUANTUM APPEAL OF THE ASSESSEE FOR A.Y. 2009-10 IS PENDING BEFORE THE HON'BLE BENCH IN ITA NO. 1084/JP/19. ITA 1084/JP/2019_ SH. YATHARTH TIWARD JAIPUR VS ITO JAIPUR 2 IT IS SUBMITTED THAT THE HON'BLE FINANCE MINISTER IN HER BUDGET SPEECH OF 2020 ANNOUNCED A DISPUTE RESOLUTION SCHEME VIVAD SE VISHWAS. THE SCHEME WAS FORMULATED INTO THE DIRECT TAX VIVAD SE VISHWAS ACT 2020 (DTVSV) ON 17 TH MARCH 2020. THE ACT PROVIDES THAT ANY ASSESSEE WHOSE APPEAL WAS PENDING AS ON 31 ST JANUARY 2020 CAN SETTLE HIS DISPUTE BY FILING A DECLARATION U/S 4(1) OF DTVSV IN FORM-1 AND FORM-2. THE ABOVE MENTIONED APPEAL WAS PENDING AS ON 31 ST JANUARY 2020. THE APPEAL HAS NOT BEEN DECIDED TILL DATE THEREFORE THE ASSESSEE IS ELIGIBLE FOR OPTING THE SCHEME. THE ASSESSEE FILED DECLARATION IN FORM-1 AND FORM-2 ON 22.08.2020 BEFORE THE DESIGNATED AUTHORITY. ON 25.01.2021 THE ASSESSEE RECEIVED FORM-3 I.E. FORM FOR CERTIFICATE U/S 5(1) OF DTVSV FROM DESIGNATED AUTHORITY. SECTION 4(2) OF DTVSV PROVIDES THAT WHERE DECLARATION HAS BEEN FILED BY THE ASSESSEE THE APPEAL SHALL BE DEEMED TO BE WITHDRAWN FROM THE DATE ON WHICH CERTIFICATE U/S 5(1) OF DTVSV IS ISSUED BY THE DESIGNATED AUTHORITY. HENCE IN THE PRESENT CASE THE APPEAL OF THE ASSESSEE STANDS WITHDRAWN ON 25.01.2021. IN VIEW OF ABOVE YOU ARE REQUESTED TO KINDLY TREAT THE APPEAL OF THE ASSESSEE TO BE WITHDRAWN AND NECESSARY ACTION MAY PLEASE BE TAKEN. SUBMITTED MOST RESPECTFULLY FOR YATHARTH TIWARI (SHIVANGI SAMDHANI) A/R ITA 1084/JP/2019_ SH. YATHARTH TIWARD JAIPUR VS ITO JAIPUR 3 4. THE LD DR HAS RAISED NO OBJECTION IF THE APPEAL OF THE ASSESSEE IS ALLOWED TO BE WITHDRAWN. 5. THEREFORE IN VIEW OF THE FACT THAT THE ASSESSEE HAS ALREADY APPROACHED THE DEPARTMENT TO SETTLE THE MATTER UNDER VIVAD SE VISHWAS SCHEME WE PERMIT THE ASSESSEE TO WITHDRAW HIS APPEAL. ACCORDINGLY THE APPEAL OF THE ASSESSES IS DISMISSED AS WITHDRAWN. 6. IN THE RESULT THIS APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15 /03/2021. 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:- 15/03/2021 *RANJAN VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- SH. YATHARTH TIWARI JAIPUR 2. IZR;FKHZ @ THE RESPONDENT- ITO WARD 4(1) JAIPUR 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 (ITA NO. 1084/JP/2019) VKNS'KKUQLKJ @ BY ORDER LGK;D IATHDKJ @ ASST. REGISTRAR