The DCIT Central Circle-1(2), , Ahmedabad V. Kailash Darshan Housing Development(Gujarat) Pvt.Ltd., Ahmedabad

ITA 1275/AHD/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6548 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 1 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-09-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 01-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL, B BENCH, AHMEDABAD (CONDUCTED THROUGH VIRTUAL COURT AT AHMEDABAD) BEFORE SHRI RAJPAL YADAV, VICE PRESIDENT AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER REVENUE BY : SHRI VINOD TANWANI, CIT.D.R SHRI R.R. MAKWANA. SR. D.R ASSESSEE BY : SHRI DHIREN SHAH, A.R SHRI GULAB THAKOR, A.R ( G.K. CHOKSHI & COMPANY) /DATE OF HEARING : 01/09/2021 /DATE OF PRONOUNCEMENT: 07/09/2021 SL. NO(S) ITA NO(S) /CO ASSET. YEAR(S) APPEAL(S) BY APPELLANT VS. RESPONDENT APPELLANT RESPONDENT 1 - 2 1275/AHD/2019 WITH CO NO. 31/AHD/2020 2010 - 11 D.C.I.T, CIRCLE-1(2), AHMEDABAD. KAILASH DARSHAN HOUSING DEVELOPMENT GUJARAT PVT. LTD. 2 ND FLOOR SARTHIK ANNEX, NEAR FUN REPUBLIC SATELLITE, AHMEDABAD PAN: AACCK6422D 3. 944/AHD/2019 2011 - 12 D.C.I.T, CIRCLE-3(3), AHMEDABAD. RAMESHBHAI H. GATHANI(HUF), SURVEY NO.154/1, BESIDE SHAISHYA KIDS CAMPUS, S.G. HIGHWAY, AHMEDABAD-380058. PAN: AADHR9961G 4. 957/AHD/2019 2011 - 12 I.T.O, WARD 3(3)(2), AHMEDABAD. DHARMESH RAMESHBHAI GATHANI(HUF), SURVEY NO.154/1, BESIDE SHAISHYA, OPP. YMCA CLUB, S.G. HIGHWAY, AHMEDABAD-380058. PAN: AACHD9700N (APPLICANT) (RESPONDENT) ITA NOS.1275/AHD/2019 WITH C.O NO.31/AHD/2020 & TWO OTHERS APPEALS ASSTT. YEARS 2010-11 & 2011-12 2 /O R D E R PER BENCH: THE CAPTIONED THREE APPEALS HAVE BEEN FILED AT THE INSTANCE OF REVENUE AND ONE CROSS OBJECTION HAS BEEN FILED BY THE ASSESSEE AGAINST THE RESPECTIVE ORDERS OF THE LEARNED COMMISSIONER OF INCOME TAX(APPEALS), AHMEDABAD ARISING IN THE MATTER OF ASSESSMENT ORDER PASSED UNDER S. 143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961 (HERE-IN-AFTER REFERRED TO AS 'THE ACT') RELEVANT TO THE ASSESSMENT YEAR AS MENTIONED IN THE CAUSE TITLE. 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. THE ASSESSEES HAVE FILED COPY OF FORM NO. 3 BEING THE CERTIFICATE ISSUE UNDER SECTION 5(1) OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE STATED THAT HE RAISED NO OBJECTION ON THE APPLICATIONS OF THE ASSESSEE SEEKING WITHDRAWAL OF THE APPEALS IN THE CIRCUMSTANCES NARRATED ABOVE. IN THE LIGHT OF ORAL/WRITTEN REQUESTS MADE ON BEHALF OF THE CAPTIONED PARTIES, ALL THE APPEALS ARE DISMISSED UNDER VIVAD SE VISHWAS SCHEME. 4. IN FACT, THE CROSS OBJECTION FILED BY THE ASSESSEE BEARING NO. 31/AHD/2020 IN ITA NO1275/AHD/2019 FOR A.Y. 2010-11 IS ALSO DISMISSED SINCE WE HAVE DISMISSED ITA NOS.1275/AHD/2019 WITH C.O NO.31/AHD/2020 & TWO OTHERS APPEALS ASSTT. YEARS 2010-11 & 2011-12 3 THE APPEAL OF THE REVENUE UNDER VIVAD SE VISHWAS SCHEME. THUS, THE C.O IS DISMISSED AS INFRUCTUOUS. 5. HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHEME FOR ANY BONA-FIDE REASONS, THEN THE ASSESSEE CONCERNED WILL BE AT LIBERTY TO SEEK RESTORATION OF ORIGINAL APPEALS FOR HEARING BEFORE ITAT IN ACCORDANCE WITH LAW. 6. IN THE COMBINED RESULT, ALL CAPTIONED APPEALS AND THE CO ARE DISMISSED. ORDER PRONOUNCED IN THE COURT ON 07/09/2021 AT AHMEDABAD. SD/- SD/- (RAJPAL YADAV) (WASEEM AHMED) VICE PRESIDENT ACCOUNTANT MEMBER (TRUE COPY) (TRUE COPY) AHMEDABAD; DATED 07/09/2021 MANISH