The ITO, Ward-2(1)(2), Ahmedabad V. Karnavati Reality Pvt. Ltd., Ahmedabad

ITA 1327/AHD/2016

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 8094 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 6 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-11-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2010-2011
• Appeal Filed On: 17-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: WRITTEN SUBMISSION DTD ..

Judgement Text

आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरणआयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण, अहमदाबाद 瀈यायपीठ अहमदाबाद 瀈यायपीठअहमदाबाद 瀈यायपीठ अहमदाबाद 瀈यायपीठ ‘बी’ अहमदाबाद। अहमदाबाद।अहमदाबाद। अहमदाबाद। IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, AHMEDABAD (through web-based video conferencing platform) ] ] BEFORE SHRI RAJPAL YADAV, VICE PRESIDENT AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER ITA No. 1327/Ahd/2016 Assessment Years : 2010-11 The Income Tax Officer, Ward 2(1)(2), Ahmedabad Vs Karnavati Reality Pvt. Ltd., United World, 407, Zodiac Square, S.G. Highway, Ahmedabad PAN : AACCJ 0520 D अपीलाथ牸 अपीलाथ牸अपीलाथ牸 अपीलाथ牸/ (Appellant) 灹त् 灹त् 灹त् 灹त् यथ牸 यथ牸यथ牸 यथ牸/ (Respondent) Revenue by : Shri R.R. Makwana, Sr. DR Assessee by : Written Submission dtd 08.10.2021 सुनवाई क琉 तारीख/Date of Hearing : 17/11/2021 घोषणा क琉 तारीख /Date of Pronouncement: 22/11/2021 आदेश आदेशआदेश आदेश/O R D E R PER RAJPAL YADAV, VICE PRESIDENT : The Revenue is in appeal before the Tribunal against the order of the learned Commissioner of Income-Tax (Appeals)-2, Ahmedabad dated 02.02.2016 passed for Assessment Year 2010-11. 2. At the time of hearing before us, none appeared on behalf the assessee. However, vide application dated 08.10.2021, the assessee submitted that it has opted to avail the benefits of “Vivad Se Vishwas Scheme 2020”. It has also been submitted by the assessee in its letter that it has already resolved the dispute of the Revenue under the “Vavad Se Vishwas Scheme 2020”. A certificate to this effect has been issued in favour of the assessee and the assessee has made the payment of taxes. Copy of tax payment challan alongwith Form No.3 received from Designated Authority under Section 5(1) of the Direct Tax Vivad Se Vishwas Act, 2020 are placed on record. When we asked the learned Departmental Representative about the factum of resolution of dispute opted by the ITA No. 1327/Ahd/2016 ITO Vs. Karnavati Reality Pvt Ltd AY : 2010-11 2 assessee under the above scheme, the learned Departmental Representative did not dispute the same, but submitted that in case the assessee fails to avail the benefit, then the Revenue may be given liberty to restore its appeal pending before the Tribunal. 3. Having heard the learned Departmental Representative and after going through the submissions made by the assessee in its letter dated 08.10.2021, we find that the assessee has already resolved the dispute of the Revenue under “Vivad Se Vishwas Scheme, 2020” and has made the required payment of taxes under the said Scheme as evident from the copy of tax payment challan placed on record. In this view of the matter, the appeal of the Revenue becomes redundant and stands dismissed as infructuous. However, in case of re-verification of facts, if any inaccuracy is found, then the Revenue will be at liberty to seek restoration of its original appeal for hearing before the ITAT in accordance with law. 4. In the result, the appeal of the Revenue is dismissed as infructuous. Order pronounced in the Court on 22 nd November 2021 at Ahmedabad. Sd/- Sd/- (WASEEM AHMED) (RAJPAL YADAV) ACCOUNTANT MEMBER VICE-PRESIDENT Ahmedabad, Dated 22/11/2021 *Bt आदेश क琉 灹ितिलिप अ灡ेिषत/Copy of the Order forwarded to : 1. अपीलाथ牸 / The Appellant 2. 灹瀄यथ牸 / The Respondent. 3. संबंिधत आयकर आयु猴 / Concerned CIT 4. आयकर आयु猴)अपील (/ The CIT(A)- 5. िवभागीय 灹ितिनिध ,आयकर अपीलीय अिधकरण/DR,ITAT, Ahmedabad, 6. गाड榁 फाईल /Guard file. आदेशानुसार/ BY ORDER, TRUE COPY सहायक पंजीकार (Asstt. Registrar) आयकर अपीलीय अिधकरण ITAT, Ahmedabad