M/s. Enn Enn Enterprises, SILVASSA V. The Income Tax Officer, Ward-1, Vapi

ITA 1240/AHD/2016

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4969 (ITAT-SURAT)
• Duration Of Justice: 4 year(s) 10 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2005-2006
• Appeal Filed On: 11-05-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Condonation of delay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER ITA NO. 1240/AHD/2016 (AY 2005-06) (H EARING IN VIRTUAL COURT) M/S ENN ENN ENTERPRISES, ADINATH BHAGWAN DERASAR TRUST, SHOP NO. 22,23, NEAR JAIN TEMPLE, SILVASA-396230 PAN : AABFE 8020 D VS INCOME TAX OFFICER, WARD-1, VAPI APPELLANT RESPONDEDNT ASSESSEE BY SH. MANISH J SHAH ADVOCATE REVENUE BY MS USHA SHROTE SR DR DATE OF HEARING 06.04. 2021 DATE OF PRONOUNCEMENT 06.04. 2021 ORDER UNDER SECTION 254(1) OF INCOME TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER: 1. THIS APPEAL BY ASSESSEE IS DIRECTED AGAINST THE ORDERS OF LD. COMMISSIONER OF INCOME TAX (APPEALS), VALSAD, DATED 23.03.2016 IN FOR ASSESSMENT YEAR (AY) 2005-06 . 2. THE APPEAL CAME UP HEARING ON 6 TH APRIL 2021. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITS THAT THE ASSESSEE HAS SETTLED THE DISPUTE WITH THE DEPARTMENT BY AVAILING THE BENEFIT UNDER VIVAD SE VISVAS SCHEME - 2020 (VSV-20). THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITS THAT THE ASSESSEE HAS ALREADY RECEIVED FORM -1 & 2 OF VSV-20, COPY OF WHICH IS PLACED ON RECORD. FORM-3 IS STILL AWAITED. THE LD. COUNSEL FOR THE ASSESSEE SUBMITS THAT THE ASSESSEE MAY BE ALLOW TO WITHDRAW THE APPEAL ITA NO. 1240/AHD/2016 (AY 2005-06) ENN ENN ENTERPRISES SILVASA 2 WITH THE LIBERTY TO GET THE APPEAL REVIVE/ RESTORED, IN CASE SOME FURTHER DISPUTE IS LEFT WITH REGARDS TO THE GROUNDS OF APPEAL IN ANY OF THE APPEAL. THE ASSESSING OFFICER MAY BE DIRECTED TO PASS CONSEQUENTIAL ORDER AS PER CBDT CIRCULAR NO. 3/2021 DATED 04.03.2021. 3. ON THE OTHER HAND THE LD. SENIOR DEPARTMENTAL (LD. DR) APPEARING FOR THE REVENUE HAS NO OBJECTION IF THE APPEAL OF ASSESSEE IS DISMISSED AS WITHDRAWN WITH THE LIBERTY TO GET THE APPEAL REVIVED AS PRAYED FOR. 4. WE HAVE CONSIDERED THE SUBMISSIONS OF THE PARTIES AND HAVE VERIFIED THE FACTS FROM FORM-1 & OF VSV-20 IS RECEIVED BY THE ASSESSEE. THEREFORE, CONSIDERING THE SUBMISSIONS OF THE LEARNED COUNSEL FOR THE ASSESSEE THAT THE ASSESSEE HAS SETTLED THE DISPUTE WITH THE DEPARTMENT UNDER VSV-20, THE APPEAL OF THE ARE DISMISSED AS WITHDRAWN WITH LIBERTY TO THE ASSESSEE THAT IN CASE, IF THE APPLICATION PREFERRED BY THE ASSESSEE UNDER VSV-20 DOES NOT GET FINALLY SETTLED FOR ANY REASON WHATSOEVER, THEN THE ASSESSEE IS AT LIBERTY TO PREFER MISCELLANEOUS APPLICATION BEFORE THIS TRIBUNAL FOR RESTORATION OF THIS APPEAL AND IN SUCH EVENT, THE APPEALS SHALL GET RESTORED . 5. THE HONBLE MADRAS HIGH COURT IN THE CASE OF M/S NANNUSAMY MOHAN (HUF) VS. ACIT (TCA NO. 372 OF 2020 DATED 16.10.2020 , ALSO HELD THAT ULTIMATE DECISION TO BE TAKEN ON THE DECLARATION TO BE FILED BY THE ASSESSEE UNDER SECTION 4 OF THE SAID ACT, IS NOT IN FAVOUR OF THE ASSESSEE, THE ASSESSEE IS GIVEN LIBERTY TO RESTORE ITS APPEAL IN THE EVENT IF SUCH A ITA NO. 1240/AHD/2016 (AY 2005-06) ENN ENN ENTERPRISES SILVASA 3 PRAYER IS MADE, THE REGISTRY SHALL ENTERTAIN THE PRAYER WITHOUT INSISTING UPON ANY APPLICATION TO BE FILED FOR CONDONATION OF DELAY IN RESTORATION OF THE APPEAL AND ON SUCH REQUEST MADE BY THE ASSESSEE BY FILING A MISCELLANEOUS PETITION FOR RESTORATION (PARA-7). 6. CONSIDERING THE REQUEST OF THE LEARNED COUNSEL FOR THE ASSESSEE AND THE DECISION OF HONBLE MADRAS HIGH COURT (SUPRA), THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. THE ASSESSING OFFICER IS DIRECTED TO PASS CONSEQUENTIAL ORDER AS PER CBDT CIRCULAR NO. 3/2021 DATED 04.03.2021. ORDER ANNOUNCED AT THE TIME OF HEARING OF APPEAL ON 6 TH APRIL 2021 IN THE VIRTUAL COURT HEARING. SD/- SD/- (DR ARJUN LAL SAINI) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER SURAT, DATED: 06/04/2021 COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR TRUE COPY/ BY ORDER // TRUE COPY // ASSISTANT REGISTRAR, ITAT, SURAT