Ma/12/2020 Of Manish Finlease Pvt. Ltd v. Principal Commissioner Of Income Tax-1 Patna

IN THE HIGH COURT OF JUDICATURE AT PATNAMiscellaneous Appeal No.12 of 2020 ====================================================== Manish Finlease Pvt. Ltd. a company registered under the Companies Act,1956 having its registered office at Flat No. 501, Chandi House, ExhibitionRoad, P.O. GPO, P.S. Gandhi Maidan, Patna- 800 001 through its Directornamely Shri Prakash Mandal, aged about 62 years, Male, son of JagdishPrasad Mandal, permanent resident of Flat No. 501, Chandi House, BehindBombay Dyeing, Exhibition Road, P.O. GPO, Gandhi Maidan, Patna- 800001, presently residing at House No. 28/16, Ground Floor, Block 28, EastPatel Nagar, Delhi- 110008. ... ... Appellant/s Versus 1.Principal Commissioner of Income Tax-1 Patna. 2.Joint Commissioner of Income- tax, Range-1, Patna. 3.Assistant Commissioner of Income Tax (OSD) Ward 2(1), Patna. ... ... Respondent/s ======================================================Appearance :For the Appellant/s: Mr. Parijat Saurav, Advocate Ms. Smriti Singh, Advocate For the Respondent/s: Mrs. Archana Sinha, Sr. Standing Counsel Mr. Parijat Saurav, Advocate Ms. Smriti Singh, Advocate Mrs. Archana Sinha, Sr. Standing Counsel Mr. Sanjeev Kumar, Jr. Standing Counsel ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMARORAL JUDGMENT(Per: HONOURABLE THE CHIEF JUSTICE) Date : 06-10-2021 Re: I.A. No. 01 of 2020 The instant Interlocutory Application has been filedfor condonation of delay of four days in filing the presentappeal. For the reasons assigned, we condone the delay infiling the appeal and the same is treated to have been filedwithin time. Interlocutory Application No. 1 of 2020 standsallowed. Re: M.A. No. 12 of 2020 Being aggrieved by and dissatisfied with thejudgment dated 09.08.2019 passed by the Bench presided by SriChandra Mohan Garg, Judicial Member and Sri Laxmi PrasadSahu, Accountant Member, Income Tax Appellate Tribunal,Patna Bench, Patna in I.T.A. No. 25/PAT/2019 whereby theTribunal has upheld the order passed by Sri Prashant Bhushan,Commissioner of Income Tax (A)-I, Patna in I.T.A. No. CIT(A),Patna- 1/10172/2017-18 dated 27.09.2019 upholding theinitiation of proceedings under Section 147/148 and addition ofRs. 3,65,00,000/- under Section 68 made by ACIT (OSD) Ward2(1), Patna vide assessment order u/s 147/143(3) dated29.12.2017, the Appellant has preferred the presentMemorandum of Appeal. Learned counsel for the appellant seeks permission towithdraw the present appeal for the reason that appellant intendsto seek remedies for settlement in accordance with the schemeformulated by the respondents. Permission granted. The appeal stands disposed of as withdrawn. Interlocutory Application(s), if any, shall stand disposed of. (Sanjay Karol, CJ) P.K.P./- AFR/NAFRCAV DATEUploading Date07.10.2021Transmission Date (S. Kumar, J)