Deputy Commissioner of Income tax,, Pune Venkateshwara Hatcheries Pvt.Ltd,, Pune

This Income Tax Appellate Tribunal case involved an appeal by the Deputy Commissioner of Income Tax against Venkateshwara Hatcheries Pvt. Ltd. for the assessment year 2008-09. The Department sought to withdraw its appeal. This was because the assessee had filed a declaration under the Direct Tax Vivad Se Vishwas Act, 2020, and received a certificate in Form 3. According to the Act, once this certificate is issued, any pending appeal hearing is deemed withdrawn.

IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, PUNE
(Through Virtual Court)

BEFORE SHRI R.S.SYAL, VP AND SHRI PARTHA SARATHI CHAUDHURY, JM
ITA No. 1417/PUN/2017
Assessment Year : 2008-09

The Deputy Commissioner of Income Tax,
Central Circle 1(2), Pune.
Appellant

 V/s.

Venkateshwara Hatcheries Pvt. Ltd.
S. No.114/A/2, “ Venkateshwara House”
Pune- Sinhagad Road,
Pune-411 030.
PAN: AAACV7247H
Respondent

Revenue by : Smt. Divya Bajpai
Assessee by : Shri Nikhil Pathak
Date of Hearing : 09.12.2020
Date of Pronouncement : 09.12.2020

ORDER

PER PARTHA SARATHI CHAUDHURY, JM:

This appeal by the Department is directed against the order passed by the CIT(Appeals), Pune-11 on 31.03.2017 in relation to the assessment year 2008-09.

2. Before us, legal heir of the assessee has filed a letter dated nil seeking withdrawal of the appeal filed by the Department. The relevant content of such letter reads as under: 

“The above penalty appeal filed by the Income Tax Department for A.Y.2008-09 is fixed for hearing before Hon’ble ITAT Bench A on 9th December, 2020. In this respect it is submitted hat we have e-filed Declaration in Form 1 and Undertaking in Form 2 as per Section 4(1) of the Direct Tax Vivad Se vishwas Act, 2020. PCIT ( Central), Pune has granted us Certificate in Form 3 on 20.11.2020. Copy of the Certificate in Form No.3 is enclosed herewith as Annexure-1. 

As per Section 4(2) of the Direct Tax Vivad Se Vishwas Act, 2020, once the certificate in Form 3 is issued by the designated authority, appeal hearing pending before ITAT shall be deemed to have been withdrawn and in view of above, we hereby request that the appeal filed by the Department may be withdrawn since the assessee company has been granted certificate in Form 3 under the Vivad Se Vishwas Scheme.”

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