M/s Shreeji Enterprises, Vadodara V. Deputy Commissioner Of Income Tax, Central Circle-1, Baroda

CO 84/AHD/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7270 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 month(s) 16 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 24-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 08-12-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD [ CONDUCTED THROUGH VIRTUAL COURT ] BEFORE SHRI RAJPAL YADAV, VICE PRESIDENT & SHRI WASEEM AHMED, ACCOUNTANT MEMBER ./ITA NO.2240/AHD/2017 ( /ASSESSMENT YEAR : 2013-14) & CO NO.84/AHD/2020 (IN ITA NO.2240/AHD/2017) (AY 2013-14) DY.CIT CENTRAL CIRCLE-1 RACE COURSE CIRCLE BARODA 390 007 / VS. M/S.SHREEJI ENTERPRISES TRIVIA COMPLEX OPP.NATUBHAI CENTRE RACE COURSE VADODARA 390 007 ./ ./PAN/GIR NO. : ACEFS 6227 K ( /APPELLANT ) .. ( / RESPONDENT & CROSS OBJECTOR ) REVENUE BY : SHRI SANJEEV JAIN, CIT-DR ASSESSEE BY : SHRI SUNIL TALATI, AR / DATE OF HEARING 22/03/2021 / DATE OF PRONOUNCEMENT 24/03/2021 / O R D E R PER BENCH: THE CAPTIONED APPEAL AND CROSS OBJECTION ARISE FRO M THE RESPECTIVE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)- 12, AHMEDABAD (CIT(A)) DATED 27/07/2017 FOR ASSES SMENT YEAR 2013-14. 2. THE LD. AR BEFORE US SUBMITTED THAT THE ASSESSEE HAS OPTED TO AVAIL BENEFITS OF VIVAD SE VISHWAS SCHEME, 2020 (VSV). TO THIS EFFECT THE ASSESSEE HAS FILED THE FORM 1 AND 2 VIDE LETTER ITA NO. 2240/AHD/2017 (BY REVENUE) & CO NO.84/AHD/2020 DCIT VS. SHREEJI ENTERPRISES ASST. YEAR - 2013-14 - 2 - DATED 29-1-2021 BEFORE US AND SUBMITTED THAT FORM 3 IS AWAITED FROM THE INCOME TAX OFFICE. ACCORDINGLY THE LD. COU NSEL FOR THE ASSESSEE AT THE OUTSET HAS SUBMITTED THAT THE ASSES SEE DEES NOT SEEK TO PURSUE THE SAID APPEAL/CO OWING TO EXERCISE OF OPTION FOR AVAILING VSV SCHEME. CONSEQUENTLY, THE LD. AR REQUE STED TO PASS THE CONDITIONAL FOR THE WITHDRAWAL OF APPEAL. REFER ENCE WAS ALSO MADE TO WRITTEN REQUEST IN THIS REGARD. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW THE APP EAL IN THE CIRCUMSTANCES NARRATED ON BEHALF OF THE ASSESSEE. 4. IN THE LIGHT OF ORAL/WRITTEN REQUEST MADE ON BEH ALF OF THE ASSESSEE, THE APPEAL IS DISMISSED AS WITHDRAWN. HO WEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF V SV SCHEME FOR ANY BONA-FIDE REASONS, THEN THE ASSESSEE CONCERNED WILL BE AT LIBERTY TO SEEK RESTORATION OF ORIGINAL APPEAL FOR HEARING BEFORE ITAT IN ACCORDANCE WITH LAW. 5. IN THE RESULT, REVENUES APPEAL AND CO FILED BY THE ASSESSEE BOTH ARE DISMISSED AS WITHDRAWN. THIS ORDER PRONOUNCED IN OPEN COURT ON 24/03/2021 SD/- SD/- (RAJPAL YADAV) (WASEEM AHMED) VICE PRESIDENT ACCOUNTANT MEMBER AHMEDABAD; DATED 24/03/2021 ' . . , . # . . / T.C. NAIR, SR. PS ITA NO. 2240/AHD/2017 (BY REVENUE) & CO NO.84/AHD/2020 DCIT VS. SHREEJI ENTERPRISES ASST. YEAR - 2013-14 - 3 - !' #' / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. $%& ' / CONCERNED CIT 4. ' ( ) / THE CIT(A)-12, AHMEDABAD 5. ()* ##%& , %& , $ / DR, ITAT, AHMEDABAD 6. *-. / GUARD FILE. / BY ORDER, ( # //TRUE COPY// / (DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION 22.3.2021 (AS PER VSV-SCHEME FO RMAT) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER ..24.3.2021 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S.25.3.21 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 25.3.21 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER