Shri Upendra Chinubhai Shah, Ahmedabad V. The ACIT, Circle-3(1)(1), Ahmedabad

CO 18/AHD/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 0004 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 5 month(s) 7 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 20-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2015-2016
• Appeal Filed On: 13-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: L. P. JAIN

Judgement Text

, C IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD ( CONVENED THROUGH VIRTUAL COURT ) BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SMT. MADHUMITA ROY, JUDICIAL MEMBER I.T.A. NO. 58/AHD/2020 ( ASSESSMENT YEAR : 2014-15) ASHISH GARGI AHMEDABAD CENTRAL, NR. AMBAWADI CIRCLE, B/S KAIVANNA COMPLEX, OFF. C. G. ROAD, AHMEDABAD / VS. ASSTT. COMMISSIONER OF INCOME TAX CIRCLE -5(1), AHMEDABAD / / PAN/GIR NO. : AHEPG0098B ( APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI TUSHAR HEMANI, SR. ADVOCATE WITH SHRI P. B. PARMAR, A.R. / RESPONDENT BY : SHRI L. P. JAIN, SR.D.R. & I.T.A. NO. 1627/AHD/2019 A/W CROSS OBJECTION NO. 18/AHD/2020 ( ASSESSMENT YEAR : 2015-16) ACIT CIRCLE -3(1)(1), 4 TH FLOOR, 409B-WING, PRATYAKSH KAR BHAVAN, NR. POLYTECHNIC COLLEGE, AMBAWADI, AHMEDABAD / VS. SHRI UPENDRA CHINUBHAI SHAH 3, NANDI HILLS, OPP. ISRO, NEAR BHAVNIRZAR, SATELLITE ROAD, AHMEDABAD 380015 / / PAN/GIR NO. : AIOPS3732M ( APPELLANT /RESPONDENT ) .. ( RESPONDENT /CROSS OBJECTOR ) ITA NO. 58/AHD/2020 & ITA NO.1627/AHD/19 A/W CO NO.18/AHD/2020 A.Y. 2014-15 & 2015-16 - 2 - / REVENUE BY : SHRI L. P. JAIN, SR.D.R. / ASSESSEE BY : SHRI S. N. SOPARKAR, SR. ADVOCATE & SHRI PARIN SHAH, A.R. DATE OF HEARING 20/07/2021 !'# / DATE OF PRONOUNCEMENT 20/07/2021 / O R D E R PER BENCH: THE CAPTIONED TWO APPEALS AND ONE CROSS OBJECTION A RISE FROM THE RESPECTIVE ORDERS OF THE COMMISSIONER OF INCOME TAX (APPEALS) (CIT(A)) AGAINST DIFFERENT ASSESSMENT YEARS. 2. FIRST WE TAKE I.T.A. NO. 58/AHD/2020 (IN CASE OF ASHISH GARGI) & CROSS OBJECTION NO. 18/AHD/2020 (IN CASE OF SHRI UPENDRA C. SHAH). 2. THE CAPTIONED ASSESSEES HAS SOUGHT TO WITHDRAW T HE APPEAL AND CROSS OBJECTION LISTED ABOVE ON THE GROUND THAT BOT H ASSESSEES HAVE OPTED TO AVAIL BENEFITS OF VIVAD SE VISHWAS SCHEME , 2020 (VSV). WHEN THE MATTER WAS CALLED FOR HEARING, THE LD. COU NSELS FOR THE ASSESSEE AT THE OUTSET HAS SUBMITTED THAT THEY DO N OT SEEK TO PURSUE THE SAID APPEAL AND CROSS OBJECTION OWING TO EXERCISE O F OPTION FOR AVAILING VSV SCHEME AND CONSEQUENTLY REQUESTED THAT HIS APPLICATION FOR WITHDRAWAL OF APPEAL AND CROSS OBJECTION MAY PL EASE BE GRANTED. REFERENCE WAS ALSO MADE TO WRITTEN REQUESTS IN THIS REGARD. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW THE CAPTIONED APPEA L AND CROSS OBJECTION IN THE CIRCUMSTANCES NARRATED ON BEHALF O F THE ASSESSEE. ITA NO. 58/AHD/2020 & ITA NO.1627/AHD/19 A/W CO NO.18/AHD/2020 A.Y. 2014-15 & 2015-16 - 3 - 4. IN THE LIGHT OF ORAL/WRITTEN REQUESTS MADE ON BE HALF OF THE CAPTIONED PARTIES, BOTH APPEAL AND CROSS OBJECTION ARE DISMISSED AS WITHDRAWN. HOWEVER, IN THE EVENT, THE ASSESSEE FAI LS TO AVAIL THE BENEFIT OF VSV SCHEME FOR ANY BONAFIDE REASONS, THE N THE ASSESSEE CONCERNED WILL BE AT LIBERTY TO SEEK RESTORATION OF ORIGINAL APPEALS FOR HEARING BEFORE ITAT IN ACCORDANCE WITH LAW. 5. IN THE RESULT, THE CAPTIONED APPEAL AND CROSS OB JECTION ARE DISMISSED AS WITHDRAWN. 6. NOW WE TAKE ITA NO. 1627/AHD/2019-REVENUES APPEAL (IN CASE OF SHRI UPENDRA C. SHAH). 7. WHEN THE MATTER WAS CALLED FOR HEARING IN THE CA PTIONED REVENUES APPEAL, LEARNED COUNSEL FOR THE ASSESSEE AT THE OUTSET SUBMITTED THAT THE DESIGNATED AUTHORITY HAS ALREADY GRANTED CERTIFICATE ELECTRONICALLY TO THE DECLARANT ASSESSEE CONCERNING THE PARTICULARS OF THE TAX ARREARS AND THE AMOUNT PAYABLE IN PRESCRIBE D FORM-3 NOTIFIED IN VIVAD SE VISHWAS SCHEME, 2020 (VSV) READ WITH RULES FRAMED THEREUNDER. THE LEARNED COUNSEL ACCORDINGLY SUBMIT TED THAT HE DOES NOT SEEK TO DEFEND THE SAID APPEAL OWING TO EXERCIS E OF OPTION FOR AVAILING VSV SCHEME, AND CONSEQUENTLY URGED THAT AS SESSEES REQUEST FOR CLOSURE OF REVENUES APPEAL MAY PLEASE BE GRANT ED. 8. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW ITS APPEAL HAVING R EGARD TO THE APPLICATION FROM ASSESSEE TO AVAIL THE ONGOING SCHE ME. 9. IN THE LIGHT OF ORAL/WRITTEN REQUEST MADE ON BEH ALF OF THE CAPTIONED ASSESSEE, THE APPEAL OF REVENUE IS DISMIS SED IN LIMINE . HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHEME FOR ANY REASONS, THEN THE REVENUE WILL BE AT LIBERTY TO SEEK ITA NO. 58/AHD/2020 & ITA NO.1627/AHD/19 A/W CO NO.18/AHD/2020 A.Y. 2014-15 & 2015-16 - 4 - RESTORATION OF ORIGINAL APPEAL FOR HEARING BEFORE I TAT IN ACCORDANCE WITH LAW. 10. IN THE RESULT, THE CAPTIONED APPEAL OF REVENUE IS DISMISSED IN LIMINE . 11. IN THE RESULT, THE CAPTIONED ASSESSEES APPEAL AND CROSS OBJECTION ARE DISMISSED AS WITHDRAWN, WHEREAS, REVENUES APPE AL IS DISMISSED IN LIMINE . SD/- SD/- (MADHUMITA ROY) (PRADIP KUMAR K EDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: DATED 20/07/2021 TRUE COPY S. K. SINHA !'#' / COPY OF ORDER FORWARDED TO:- & / REVENUE 2 / ASSESSEE ( ) *+ , / CONCERNED CIT 4 ,- / CIT (A) / 012 33*+4 *+#4 56) / DR, ITAT, AHMEDABAD 7 289 / GUARD FILE. BY ORDER / 4 / 5 *+#4 56) THIS ORDER PRONOUNCED ON 20/07/2021