Shri Kishor Mashruwala, Surat V. The ACIT, Circle-2, Surat

CO 82/AHD/2014

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5836 (ITAT-SURAT)
• Duration Of Justice: 6 year(s) 10 month(s) 9 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 22-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 15-06-2017
• Assessment Year: 2008-2009
• Appeal Filed On: 13-06-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANUPAMA SINGHLA
• Assessee Lawyers: PARIMAL SINGH PARMAR
• Keywords: Tax effect
• Section: 22

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, HON'BLE JUDICIAL MEMBER AND DR.SHRI ARJUN LAL SAINI, HON'BLE ACCOUNTANT MEMBER (VIRTUAL HEARING) CROSS OBJECTION NO.80/AHD/2014 (ARISING OUT OF ITA NO.2499/AHD/2013) ASSESSMENT YEAR: 2003-04 THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, SURAT. VS . SHRI KISHOR MASHRUWALA, 2/130, WADI MOHALLA, RUSTOMPURA, SURAT. [PAN: ABDPM 3305 Q] / APPELLANT /RESPONDENT CROSS OBJECTION NO.82/AHD/2014 (ARISING OUT OF ITA NO.2504/AHD/2013) ASSESSMENT YEAR: 2008-09 THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, SURAT. VS . SHRI KISHOR MASHRUWALA, 2/130, WADI MOHALLA, RUSTOMPURA, SURAT. [PAN: ABDPM 3305 Q] / APPELLANT /RESPONDENT [ /ASSESSEE BY SHRI PARIMALSINGH PARMAR - CA /REVENUE BY SMT. ANUPAMA SINGHLA SR.DR / DATE OF HEARING: 2 2 . 0 4 .20 2 1 /PRONOUNCEMENT ON: 2 2 . 0 4 .202 1 /O R D E R PER PAWAN SINGH, JUDICIAL MEMEBER: 1. THESE TWO CROSS OBJECTIONS BY THE ASSESSEE IN APPEAL FILED BY THE REVENUE IN ITA NO.2499/AHD/2013 & ITA NO.2504/AHD/2013. THE LD.AUTHORISED REPRESENTATIVE (AR) OF THE ASSESSEE FILED AN APPLICATION FOR SEEKING WITHDRAWAL OF HIS CROSS OBJECTIONS AND STATED THAT HE HAS SETTLED THE DISPUTE UNDER VIVAD SE VISHWAS SCEHEME 2020 AND HAS RECEIVED FORM-3 VIDE ACKNOWLEDGMENT NO.339552360090421 ISSUED FROM THE OFFICE OF PRINCIPAL COMMISSIONER OF INCOME TAX, SMT. KAMLABEN HASHMUKHLAL PATEL VS. ITO, WARD-1(3)(7), SURAT. / ITA NO.498/SRT/2018 FOR A.Y. 2013-14 2 SURAT-1, DATED 09.04.2021 FOR A.Y. 2003-04 AND FORM-3 VIDE ACKNOWLEDGMENT NO.340897910140421 ISSUED FROM THE OFFICE OF PRINCIPAL COMMISSIONER OF INCOME TAX, SURAT-1, DATED 14.04.2021 FOR A.Y. 2008-09. THE LD.AR FOR THE ASSESSEE FURTHER SUBMITTED THAT APPEAL OF THE REVENUE, WHEREIN THESE CROSS OBJECTIONS WERE FILED HAS ALREADY BEEN DISMISSED BY THE TRIBUNAL DUE TO LOW TAX EFFECT. THE LD.AR PRAYED FOR WITHDRAWAL OF BOTH THE CROSS OBJECTIONS AS THE ASSESSEE HAS ALREADY SETTLED THE DISPUTE WITH DEPARTMENT UNDER VSVS- 2020. 2. THE LD.DEPARTMENTAL REPRESENTATIVE (SR.DR) APPEARING FOR THE REVENUE HAS NO OBJECTION IF BOTH THE APPEALS OF ASSESSEE ARE DISMISSED AS WITHDRAWN. CONSIDERING THE CONTENTS OF THE APPLICATION FILED BY THE ASSESSEE, BOTH THE C.O(S) OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN BEING SETTLED. RESULTANTLY, BOTH C.O(S) OF THE ASSESSEE ARE DISMISSED. THE AO IS DIRECTED TO PASS CONSEQUENTIAL ORDER AS PER CBDT CIRCULAR NO.3/2021 DATED 04.03.2021. ORDER PRONOUNCED ON 22 ND APRIL 2021 AT THE TIME OF HEARING OF APPEAL. SD/- SD/- (DR.ARJUN LAL SAINI) (PAWAN SINGH) ( /ACCOUNTANT MEMBER) ( /JUDICIAL MEMBER) / SURAT, DATED : 22 ND APRIL 2021 / #SGR COPY OF ORDER SENT TO- ASSESSEE/AO/PR. CIT/ CIT (A)/ ITAT (DR)/GUARD FILE OF ITAT. BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR, SURAT