Bharuch Eco Aqua Infrastructure Ltd., Ankleshwar V. The Dy.Commissioner of Income Tax, Bharuch Circle, Bharuch

ITA 1299/AHD/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4855 (ITAT-SURAT)
• Duration Of Justice: 4 year(s) 8 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 17-05-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANUPAMA SINGLA
• Assessee Lawyers: MRS ARTI N SHAH

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, HON'BLE JUDICIAL MEMBER AND DR.SHRI ARJUN LAL SAINI, HON'BLE ACCOUNTANT MEMBER (VIRTUAL HEARING) . . ./ I.T.A NOS.1298 & 1299/AHD/2016 [ [ / ASSESSMENT YEARS : 2005-06 & 2006-07 BHARUCH ECO AQUA INFRASTRUCTURE LTD., (NOW KNOWN AS NARMADA CLEANTEC LTD), PLOT NO.618-619, GIDC ESTATE, ANKLESHWAR 393 001. [PAN: AABCB 4070 D] VS. THE DEPUTY COMMISSIONER OF INCOME TAX, BHARUCH CIRCLE, BHARUCH. / APPELLANT /RESPONDENT [ /ASSESSEE BY MRS. ARTI N.SHAH AR /REVENUE BY SMT. ANUPAMA SINGLA - SR.DR / DATE OF HEARING: 10 . 0 2 .20 2 1 /PRONOUNCEMENT ON: 10 . 0 2 .202 1 /O R D E R PER PAWAN SINGH, JUDICIAL MEMEBER: 1. THESE TWO APPEALS BY THE SAME ASSESSEE ARE DIRECTED AGAINST THE SEPARATE ORDERS OF LD.COMMISSIONER OF INCOME TAX(APPEALS)-1, VADODARA DATED 22.03.2016 FOR THE ASSESSMENT YEARS (AY) 2005-06 AND 2006-07. 2. BOTH THE APPEALS CAME UP FOR HEARING ON 10 TH FEBRUARY 2021. THE ASSESSEE HAS ALREADY SUBMITTED AN APPLICATION DATED 04.02.2021 FOR WITHDRAWAL OF BOTH APPEALS ON THE GROUND THAT BHARUCH ECO AQUA INFRASTRUCTURE LTD., VS. DCIT, BHARUCH CIRCLE, BHARUCH/ ITA NOS.1298 & 1299/AHD/2017 FOR A.Y. 2005-06 & 2006-07 2 THE ASSESSEE HAS SETTLED THE DISPUTE WITH THE REVENUE UNDER VIVAD SE VISVAS SCHEME -2020 AND HAD ALREADY RECEIVED FORM-3, VIDE CERTIFICATE NO.231362020290121 IN ITA NO.1298/AHD/2017 AND NO.231357320290121 IN ITA NO.1299/AHD/2017 RESPECTIVELY, ISSUED FROM THE OFFICE OF PRINCIPAL COMMISSIONER OF INCOME TAX, SURAT-1, DATED 29.01.2021 COPIES OF WHICH ARE FILED. THE LD. AR FOR THE ASSESSEE SUBMITS THAT THE ASSESSEE SHALL PAY THE FULL AND FINAL DEMAND AS PER UNDERTAKING GIVEN BY ASSESSEE. THE LD.AR OF ASSESSEE PRAYED FOR WITHDRAWAL OF THE BOTH THE APPEALS. 3. THE LD.DEPARTMENTAL REPRESENTATIVE SR.DR APPEARING FOR THE REVENUE HAS NO OBJECTION IF THE APPEALS OF ASSESSEE ARE DISMISSED AS WITHDRAWN. CONSIDERING THE SUBMISSIONS OF THE LD. AR OF THE ASSESSEE, THE ASSESSEE IS ALLOWED TO WITHDRAW HIS APPEALS. RESULTANTLY, BOTH THE APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON 10 FEBRUARY 2021 BY PLACING RESULT IN THE NOTICE BOARD. SD/- SD/- (DR.ARJUN LAL SAINI) (PAWAN SINGH) ( /ACCOUNTANT MEMBER) ( /JUDICIAL MEMBER) / SURAT, DATED : 10 FEB 2021 / #SGR COPY OF ORDER SENT TO- ASSESSEE/AO/PR. CIT/ CIT (A)/ ITAT (DR)/GUARD FILE OF ITAT. BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR, SURAT