Appeal details
Counselvise Citation
[2021] 109 COUNSELVISE.COM (IT) 8503 (ITAT-RAJKOT)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
2 year(s) 9 month(s) 26 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
12-01-2021
Appeal Filed By
Assessee
Order Result
Dismissed
Bench Allotted
DB
Assessment Year
2009-2010
Appeal Filed On
16-03-2018
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT (THROUGH VIRTUAL COURT) BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER S. NO. APPEAL A.Y. APPELLANT (PAN NO.) RESPONDENT A.R.(SHRI) 1. ITA NO. 259/RJT/2016 2009-10 ITO WARD-1, BHUJ JAYKISHAN FIBRE PVT. LTD. (AACCK6161H) M. J. RANPURA 2. ITA NO. 108/RJT/2018 2009-10 OJAS JAYSUKHLAL DAVE (ABQPD7998H) DCIT INTERNATIONAL TAXATION, RAJKOT D. M. RINDANI 3. ITA NO. 398/RJT/2017 2006-07 SHRI PRABHASHANKAR DALPATRAI DAVE (AIKPD7793H) ITO WARD-2(2)(5), RAJKOT -DO- 4. ITA NO. 194/RJT/2017 2011-12 PRAVINSINH R. CHAUHAN (AAXPC2128G) ACIT CENTRAL CIR. 1 RAJKOT SAMIR BHUPTANI 5. ITA NO. 282/RJT/2018 2014-15 SHRI RANJEET MANSUKHBHAI MARU (BKSPM1374E) ITO WARD-1(5), JAMNAGAR -DO- 6. ITA NO. 303/RJT/2013 2009-10 ACIT CIRCLE-5, RAJKOT M/S. SIMPOLO VITRIFIED LTD. (AALCS1872N) VIMAL DESAI 7. IT(SS)A NO. 68/RJT/2017 2009-10 DCIT CENTRAL CIR.1, RAJKOT M/S. SIMPOLO VITRIFIED PVT. LTD. (AALCS1872N) -DO- 8. C.O. NO. 12/RJT/2017 2009-10 M/S. SIMPOLO VITRIFIED PVT. LTD. (AALCS1872N) DCIT CENTRAL CIR.1, RAJKOT -DO- 9. IT(SS)A NO. 69/RJT/2017 2010-11 DCIT CENTRAL CIR.1, RAJKOT M/S. SIMPOLO VITRIFIED PVT. LTD. (AALCS1872N) -DO- / RESPONDENT BY : SHRI OM PRAKASH SINGH, CIT DR & SHRI S. S. RATHI, SR. DR / DATE OF HEARING 12/01/2021 / DATE OF PRONOUNCEMENT 12/01/2021 O R D E R PER BENCH: THE CAPTIONED NINE APPEALS ARISE FROM THE RESPECTIV E ORDERS OF THE COMMISSIONER OF INCOME TAX (APPEALS) (CIT(A)) AGA INST DIFFERENT ASSESSMENT YEARS. ITA NO.259/RJT/2016 & 08 OTHERS - 2 - 2. THE CAPTIONED ASSESSEES HAVE SOUGHT TO WITHDRAW THE APPEALS LISTED ABOVE ON THE GROUND THAT THEY HAVE OPTED TO AVAIL B ENEFITS OF VIVAD SE VISHWAS SCHEME, 2020 (VSV). WHEN THE MATTER WAS C ALLED FOR HEARING, THE LD. COUNSELS FOR THE ASSESSEE AT THE OUTSET HAV E SUBMITTED THAT THEY DO NOT SEEK TO PURSUE THE SAID APPEALS OWING TO EXERCI SE OF OPTION FOR AVAILING VSV SCHEME AND CONSEQUENTLY REQUESTED THAT THEIR AP PLICATIONS FOR WITHDRAWAL OF APPEALS MAY PLEASE BE GRANTED. REFER ENCE 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 APPEALS IN THE CIR CUMSTANCES NARRATED ON BEHALF OF THE ASSESSEE. 4. IN THE LIGHT OF ORAL/WRITTEN REQUESTS MADE ON BE HALF OF THE CAPTIONED PARTIES, ALL THE APPEALS ARE DISMISSED AS WITHDRAWN . HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHE ME FOR ANY BONAFIDE REASONS, THEN THE ASSESSEE CONCERNED WILL BE AT LIB ERTY TO SEEK RESTORATION OF ORIGINAL APPEALS FOR HEARING BEFORE ITAT IN ACCORDA NCE WITH LAW. 5. IN THE RESULT, ALL CAPTIONED APPEALS ARE DISMISS ED AS WITHDRAWN. SD/- SD/- (PRADIP KUMAR KEDIA) (MADHU MITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: DATED 12/01/2021 TANMAY TRUE COPY / COPY OF ORDER FORWARDED TO:- / REVENUE ! / ASSESSEE ' #$#%& ' / CONCERNED CIT ( ') *- / CIT (A) ./0122%&3 *-*%&3*45$ / DR, ITAT, AHMEDABAD 6178 9:- / GUARD FILE. BY ORDER / 3 / ( DY./ASSTT.REGISTRAR) , ; / ITAT, RAJKOT 1.DATE OF DICTATION ON 12.01.2021 2.DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE TH E DICTATING MEMBER 12.01.2021 3.DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S./P.S. .01.2021 4.DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 5.DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR . P.S./P.S 12.01.2021 6.DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 12.01.2021 7.DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8.THE DATE ON WHICH THE FILE GOES TO THE ASSTT. REG ISTRAR FOR SIGNATURE ON THE ORDER 9.DATE OF DESPATCH OF THE ORDER THIS ORDER PRONOUNCED IN OPEN COURT ON 12/01/2021
