Kedar Cotton Industries, Mehsana V. ACIT, Mehsana Circle, Mehsana

ITA 1154/AHD/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9321 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 7 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 07-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S S SHUKLA
• Assessee Lawyers: M K PATEL; ARTI SHAH ARS
• Section: 143(3)

Judgement Text

, SMC IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD (THROUGH VIRTUAL COURT) BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND MS. MADHUMITA ROY, JUDICIAL MEMBER ./ I.T.A. NO. 1154/AHD/2018 ( / ASSESSMENT YEAR: 2013-14) KEDAR COTTON INDUSTRIES SURVEY NO. 50/1, AT: BUDASAN TAL: KADI, DIST: MEHSANA / VS. ACIT MEHSANA CIRCLE, MEHSANA ./ ./ PAN/GIR NO. : AADFK2494F ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI M.K. PATEL & ARTI SHAH, ARS / RESPONDENT BY : SHRI S. S. SHUKLA, SR.DR / DATE OF HEARING 05/01/2021 !'# / DATE OF PRONOUNCEMENT 06/01/2021 $%/ O R D E R PER BENCH: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)- GANDHINAGAR, AHMEDABAD (CIT(A) IN SHORT), DATED 0 5.02.2018 ARISING IN THE ASSESSMENT ORDER DATED 09.03.2016 PASSED BY THE ACIT, MEHSANA CIRCLE, MEHSANA UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 (THE ACT) CONCERNING AY 2013-14. 2. WHEN THE MATTER WAS CALLED FOR HEARING, IT IS PO INTED OUT TO THE BENCH THAT THE ASSESSEE HAS FILED DECLARATION AND U NDERTAKING IN FORM NO. 1 AS PER PROVISIONS OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 FOR AVAILMENT OF THE BENEFIT UNDER THE SCHEME. IN VIEW OF THIS, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT ASSESSEE DO ES NOT WANT TO PURSUE ITA NO. 1154/AHD/18 [KEDAR COTTON INDUSTRIEA VS. ACIT] A.Y. 2013-14 - 2 - THE SAID APPEAL OWING TO EXERCISE OF OPTION FOR AVA ILING VSV SCHEME AND IT HAS COMPLIED WITH THE REQUISITE FORMALITIES, AND SOUGHT PERMISSION FOR WITHDRAWAL OF APPEAL BEFORE THE TRIBUNAL. THE LD. COUNSEL HAS PLACED ON RECORD COPY OF FORM NO. 1 AND 2. 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 IN THE LIGHT OF WRITTEN REQUESTS MADE ON BEHALF OF THE CAPTIONED PARTY, THE APPEAL IS DISMISSED AS WITHDRAWN. HOWEV ER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHEME F OR ANY BONAFIDE REASONS, THEN THE ASSESSEE CONCERNED WILL BE AT LIB ERTY TO SEEK RESTORATION OF ORIGINAL APPEAL FOR HEARING BEFORE ITAT IN ACCOR DANCE WITH LAW. 5. IN THE RESULT, THE CAPTIONED APPEAL IS DISMISSED AS WITHDRAWN. SD/- SD/- (WASEEM AHMED) (MADHUM ITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: DATED 06/01/2021 TRUE COPY TANMAY !' #' / COPY OF ORDER FORWARDED TO:- 1. / REVENUE 2. $ / ASSESSEE 3. ) *+ , / CONCERNED CIT 4. ,- / CIT (A) 5. 012 33*+, *+#, 56$)$ / DR, ITAT, AHMEDABAD 6. 289 : / GUARD FILE. BY ORDER / $% , ;/5 *+#, 56$)$ < 1.DATE OF DICTATION ON 05.01.2021 AS PER VSV FO RMAT 2.DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE TH E DICTATING MEMBER 05.01.2021 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 .01.2021 5.DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR .P.S./P.S 06.01.2021 6.DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 06.01.2021 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 ON 06/ 01/2021