M/s. Heubach Colour Pvt.Ltd., Ankleshwar V. The ACIT.,Bharuch Circle, Bharuch

ITA 1102/AHD/2015

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1806 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 10 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 30-04-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH ( CONVENED THROUGH VIRTUAL COURT ) BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER & SHRI WASEEM AHMED, ACCOUNTANT MEMBER S.NO APPEAL A.Y. APPELLANT (PAN NO.) RESPONDENT A.R. 1 ITA NO. 467/AHD/2012 2007-08 HEUBACH COLOUR PVT. LTD. (AAACH2578P) ACIT, BHARUCH RANGE, BHARUCH SHRI BHAVIN MARFATIA 2 ITA NOS. 1102/ AHD/2015 2007-08 HEUBACH COLOUR PVT. LTD. (AAACH2578P) ACIT, BHARUCH CIRCLE, BHARUCH SHRI BHAVIN MARFATIA 3-5 ITA NOS. 3646 TO 3648 /AHD/2015 2012-13 TO 2014- 15 HEUBACH COLOUR PVT. LTD. (AAACH2578P) THE ITO (INTERNATIONAL TAXATION), BHARUCH SHRI BHAVIN MARFATIA 6 ITA NO. 725/AHD/2017 2012-13 HEUBACH COLOUR PVT. LTD. (AAACH2578P) ACIT, CIRCLE- 2, BHARUCH SHRI BHAVIN MARFATIA 7-10 ITA NO. 759 TO 762 /AHD/2017 2008-09 TO 2011- 12 HEUBACH COLOUR PVT. LTD. (AAACH2578P) ACIT, CIRCLE- 2, BHARUCH SHRI BHAVIN MARFATIA 11 ITA NO. 934 /AHD/2017 2011-12 HEUBACH COLOUR PVT. LTD. (AAACH2578P) ACIT, CIRCLE- 2, BHARUCH SHRI BHAVIN MARFATIA 12 ITA NO. 414 /AHD/2018 2013-14 HEUBACH COLOUR PVT. LTD. (AAACH2578P) ACIT, CIRCLE- 2, BHARUCH SHRI BHAVIN MARFATIA REVENUE BY : SHRI MOHD. USMAN, CIT/DR & SHRI RAJDEEP SINGH, SR. D.R. / DATE OF HEARING 04/03/2021 / DATE OF PRONOUNCEMENT 05/03/2021 ITA NO. 467/AHD/12 & 11 ORS. - 2 - / O R D E R PER BENCH THE CAPTIONED TWELVE APPEALS ARISE FROM THE RESPECTIVE ORDERS OF THE COMMISSIONER OF INCOME TAX (APPEALS) (CIT(A)) AGAINST DIFFERENT ASSESSMENT YEARS. 2. THE CAPTIONED ASSESSEES HAVE SOUGHT TO WITHDRAW THE APPEALS LISTED ABOVE ON THE GROUND THAT THEY HAVE OPTED TO AVAIL BENEFITS OF VIVAD SE VISHWAS SCHEME, 2020 (VSV). WHEN THE MATTER WAS CALLED FOR HEARING, THE LD. COUNSELS FOR THE ASSESSEE AT THE OUTSET HAVE SUBMITTED THAT THEY DO NOT SEEK TO PURSUE THE SAID APPEALS OWING TO EXERCISE OF OPTION FOR AVAILING VSV SCHEME AND CONSEQUENTLY REQUESTED THAT THEIR APPLICATIONS FOR WITHDRAWAL OF APPEALS MAY PLEASE BE GRANTED. REFERENCE WAS ALSO MADE TO WRITTEN REQUESTS IN THIS REGARD. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW THE APPEALS IN THE CIRCUMSTANCES NARRATED ON BEHALF OF THE ASSESSEE. 4. IN THE LIGHT OF ORAL/WRITTEN REQUESTS MADE ON BEHALF OF THE CAPTIONED PARTIES, ALL THE APPEALS ARE DISMISSED AS WITHDRAWN. HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHEME FOR ANY BONAFIDE REASONS, THEN 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, ALL CAPTIONED APPEALS ARE DISMISSED AS WITHDRAWN. SD/- SD/- (WASEEM AHMED) (MAHAVIR PRASAD) ACCOUNTANT MEMBER TRUE COPY JUDICIAL MEMBER AHMEDABAD: DATED 05/03/2021 THIS ORDER PRONOUNCED ON 05/03/2021