Shri Ashwin Purshottambhai Shah, Ahmedabad V. DCIT, Central CIrcle-1(1), Ahmedabad

ITA 1378/AHD/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1463 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 8 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 24-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH (CONDUCTED THROUGH VIRTUAL COURT) BEFORE: SHRI MAHAVIR PRASAD, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEM BER S L . NO. APPEAL ITA A.Y. APPELLANT (PAN NO.) RESPONDENT A.R. D.R. 1 1378/AHD/2018 2007 - 08 SHRI ASHWIN PURSHOTTAMBHAI SHAH (AHZPS1072J) DCIT, CIR. 1(1), AHD SHRI MEHUL THAKKAR SHRI R.R. MAKWANA 2 1379/AHD/2018 2009 - 10 SHRI ASHWIN PURSHOTTAMBHAI SHAH (AHZPS1072J) DCIT, CIR. 1(1), AHD SHRI MEHUL THAKKAR SHRI R.R. MAKWANA 3 1380 /AHD/2018 2010 - 11 SHRI ASHWIN PURSHOTTAMBHAI SHAH (AHZPS1072J) DCIT, CIR. 1(1), AHD SHRI MEHUL THAKKAR SHRI R.R. MAKWANA 4 IT(SS)A 174/AHD/2018 2011 - 1 2 SHRI ASHWIN PURSHOTTAMBHAI SHAH (AHZPS1072J) DCIT, CIR. 1(1), AHD SHRI MEHUL THAKKAR SHRI R.R. MAKWANA 5 1996/AHD/2018 2006 - 07 ASIATIC COLOUR CHEM INDUSTRIES PVT. LTD. (AABCA6297R) DCIT, CIR. 1(1)(1), AHD SHRI CHETAN AGARWAL SHRI R.R. MAKWANA 6 1997/AHD/2018 2006 - 07 ASIATIC COLOU R CHEM INDUSTRIES PVT. LTD. (AABCA6297R) DCIT, CIR. 1(1)(1), AHD SHRI CHETAN AGARWAL SHRI R.R. MAKWANA 7 1998/AHD/2018 2006 - 0 7 ASIATIC COLOUR CHEM INDUSTRIES PVT. LTD. (AABCA6297R) DCIT, CIR. 1(1)(1), AHD SHRI CHETAN AGARWAL SHRI R.R. MAKWANA DATE OF HEARING : 08-02-2021 DATE OF PRONOUNCEMENT : 11-02-2021 /ORDER PER BENCH:- THESE SEVEN APPEALS FILED BY TWO ASSESSEES, ARISE F ROM ORDER OF THE CIT(A), IN PROCEEDINGS UNDER INCOME TAX ACT, 1961; IN SHORT THE ACT. 2. THE ASSESSEES FILED WRITTEN SUBMISSIONS TO WITHD RAW THE APPEALS ON THE GROUND THAT THEY HAVE OPTED TO AVAIL BENEFITS OF VI VAD SE VISHWAS SCHEME, 2020. I.T.A NOS. 1378/AHD/2018 & 6 OTHERS PAGE NO SHREE ASHWIN PURSHOTTAMBHAI SHAH VS. DCIT & 6 OTH ERS 2 WHEN THE MATTER WAS CALLED FOR HEARING, THE LD. COU NSELS FOR THE ASSESSEES AT THE OUTSET HAVE SUBMITTED THAT THEY DO NOT WANT TO PURS UE THE SAID APPEALS AND REQUESTED THAT THEIR APPLICATIONS FOR WITHDRAWAL OF APPEALS MAY PLEASE BE GRANTED. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW THE APPEALS IN THE CIRCUMSTAN CES NARRATED ON BEHALF OF THE ASSESSEES. 4. WE HAVE CONSIDERED THE SUBMISSIONS AND APPLICATI ONS OF THE ASSESSEES FOR WITHDRAWAL OF THE APPEALS. A REFERENCE HAS BEEN MA DE IN SUB-SECTION (2) & (3) OF SECTION 4 OF DIRECT TAX VIVAD SE VISHWAS SCHEME, 20 20 FOR THE PURPOSE OF WITHDRAWAL OF APPEAL. IN THE LIGHT OF THE PROVISIO N MADE IN THE SCHEME AND AFTER CONSIDERING THE MATERIAL ON RECORD, THE AFORESAID R EQUESTS FOR WITHDRAWAL OF APPEALS OF THE ASSESSEES TO AVAIL THE VSV SCHEME, 2 020 IN ACCORDANCE WITH LAW IS ALLOWED. HOWEVER, IN CASE, ANY ISSUE IS REMAINED U N-RESOLVED UNDER THE SAID SCHEME, THEN, THE ASSESSEES WILL BE AT LIBERTY TO F ILE THE MISCELLANEOUS APPLICATIONS TO RECALL THIS ORDER TO RESTORE THE ORIGINAL APPEAL S WITHIN THE TIME LIMIT PROVIDED IN THE ACT. 5. IN THE RESULT, ALL THE SEVEN APPEALS BY TWO ASSE SSEES ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 11-02-2021 SD/- SD/- (MAHAVIR PRASAD) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 11/02/2021 / COPY OF ORDER FORWARDED TO:- I.T.A NOS. 1378/AHD/2018 & 6 OTHERS PAGE NO SHREE ASHWIN PURSHOTTAMBHAI SHAH VS. DCIT & 6 OTH ERS 3 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,