The JCIT(OSD), Circle-1(1)(2), Ahmedabad V. Dhanlaxmi Infrastructure Pvt. Ltd., Surat

ITA 103/AHD/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1832 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 1 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 08-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S S SHUKLA

Judgement Text

, A IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD (CONDUCTED THROUGH VIRTUAL COURT) BEFORE SHRI RAJPAL YADAV, VICE-PRESIDENT AND SHRI PRADIPKUMAR KEDIA, ACCOUNTANT MEMBER ITA NO.103/AHD/2018 / ASSTT.YEAR : 2014-15 JCIT (OSD). CIR.1(1)(2) AHMEDABAD. VS. DHANLAXMI INFRASTRUCTURE P.LTD. F.P.NO.29, SURAT-DUMAS ROAD NR.DUMAS RESORT MAGDALLA, SURAT 395007. PAN : AACCD 5578 R ( APPLICANT ) ( RESPONENT ) ASSESSEE BY : SHRI PRATIK SHAH, AR REVENUE BY : SHRI S.S. SHUKLA, SR.DR / DATE OF HEARING : 03/03/2021 / DATE OF PRONOUNCEMENT: 03/03/2021 !'/ O R D E R PER RAJPAL YADAV, VICE-PRESIDENT: THE ABOVE APPEAL FILED BY THE REVENUE ARISES FROM O RDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-1, AHMEDABAD D ATED 30.10.2017 FOR ASSESSMENT YEAR 2014-15. 2. WHEN THE MATTER WAS CALLED FOR HEARING, THE LD.C OUNSEL FOR THE ASSESSEE POINTED OUT A LETTER DATED 26.2.2021 FILED BY THE ASSESSEE WHEREIN IT HAS SUBMITTED THE ASSESSEE HAS FILED AN APPLICATION TO AVAIL OPTION UNDER VSV SCHEME AND HAS FILED REQUISITE FOR M NO.1 AND 2 WITH THE DEPARTMENT, AND THAT THE ASSESSEE IS AWAITING R ESOLUTION FROM THE DEPARTMENT. COPY OF FORM NO.1 AND 2 ARE ALSO ATTAC HED WITH THE ABOVE LETTER OF THE ASSESSEE. THEREFORE, ACCORDING TO TH E ASSESSEE, THIS APPEAL OF THE REVENUE DESERVES TO BE DISMISSED IN TERMS OF SCHEME. THE ITA NO.103/AHD/2018 2 LD.DR ON THE OTHER HAND WAS UNABLE TO CONTROVERT TH E CONTENTIONS OF THE ASSESSEE IN THE ABSENCE OF COMMUNICATION TO HIM FROM THE AO. 3. IN THE LIGHT OF THE ABOVE SUBMISSION MADE BY ASS ESSEE, WE FIND NO REASON TO KEEP THE APPEAL OF THE REVENUE PENDING BEFORE THE TRIBUNAL IN VIEW OF THE ASSESSEES STATEMENT IN WRI TING THAT IT WANTS TO SETTLE THE ISSUE THROUGH DISPUTE RESOLUTION MECHANI SM PROVIDED UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020. THUS, I F THE ASSESSEE WANTS TO SETTLE THE ISSUE IN TERMS OF VSV ACT, WE T REAT APPEAL OF THE REVENUE AS DISMISSED. HOWEVER, IN THE EVENT, THE AS SESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHEME FOR ANY REASONS, TH EN THE REVENUE WILL BE AT LIBERTY TO SEEK RESTORATION OF ORIGINAL APPEAL FOR ADJUDICATION BEFORE ITAT IN ACCORDANCE WITH LAW. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED UNDER VSV SCHEME. ORDER PRONOUNCED IN THE COURT ON 3 RD MARCH, 2021 AT AHMEDABAD. S D / - (PRADIPKUMAR KEDIA) ACCOUNTANT MEMBER S D / - (RAJPAL YADAV) VICE-PRESIDENT