Shree Sai Developers, Dadra & Nagar Haveli V. The ACIT.,Cent.Circle-2, Surat

ITA 1392/AHD/2013

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5219 (ITAT-SURAT)
• Duration Of Justice: 7 year(s) 11 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 26-07-2017
• Assessment Year: 2006-2007
• Appeal Filed On: 13-05-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANUPAMA SINGHLA
• Assessee Lawyers: HARDIK A VYAS
• Section: 271(1)(c)

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.1392 & 1393/AHD/2013 [ [ / ASSESSMENT YEAR: 2006-07 SHREE SAI DEVELOPERS, AVDHESH MANSION, PLOT NO.262/4/26- A, P.W.D.ROAD, SILVASA, DAMAN & NAGAR HAVELI. [PAN: AAMFS 7210 E] VS . THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, SURAT. / APPELLANT /RESPONDENT [ /ASSESSEE BY MISS HARDIK A VYAS - ADV. /REVENUE BY SMT. ANUPAMA SINGHLA SR.DR / DATE OF HEARING: 2 6 . 0 4 .20 2 1 /PRONOUNCEMENT ON: 2 6 . 0 4 .202 1 /O R D E R PER PAWAN SINGH, JUDICIAL MEMEBER: 1. THESE TWO APPEALS BY ASSESSEE, OUT OF WHICH FIRST APPEAL (ITA NO.1392/AHD/2013 IS DIRECTED AGAINST THE ORDER OF LD.COMMISSIONER OF INCOME TAX (APPEALS)-II, SURAT HEREINAFTER REFERRED AS LD.CIT(A) DATED 19.03.2013 IN QUANTUM ASSESSMENT AND SECOND APPEAL IN ITA NO.1393/AHD/2013 AGAINST THE PENALTY LEVIED BY ASSESSING OFFICER UNDER SECTION 271(1)(C) OF THE ACT FOR SAME ASSESSMENT YEAR I.E. 2006-07. 2. BOTH APPEALS CAME UP HEARING ON 26 TH APRIL 2021. THE ASSESSEE HAS ALREADY FILED APPLICATION DATED 23.04.2021 CONTENDING THEREIN THAT THE ASSESSEE HAS SETTLED DISPUTE WITH THE DEPARTMENT UNDER VIVAD-SE-VISHWAS SCHEME2020 AND HAD ALREADY RECEIVED FORM-3. THE ASSESSEE FILED FORM-3, FOR SHREE SAI DEVELOPERS VS. ACIT, CENTRAL CIRCLE-2, SURAT. / ITA NO.1393/AHD/2013 FOR A.Y. 2006-07 2 EACH ASSESSMENT YEAR UNDER VIVAD SE VISHWAS ACT, 2020 THE DETAILS OF WHICH ARE AS FOLLOWS: I) FOR ITA NO.1392/AHD/2013 & 1393/AHD/2013, A.Y.2006-07 FORM-3, DATED 09.04.2021 VIDE ACKNOWLEDGMENT NO.339498830090421 ISSUED BY PCIT, VALSAD. 3. THE LD.AUTHORISED REPRESENTATIVE (AR) FOR ASSESSEE PRAYED FOR WITHDRAWAL OF BOTH THE APPEALS. 4. THE LD.DEPARTMENTAL REPRESENTATIVE (SR.DR) APPEARING FOR THE REVENUE HAS NO OBJECTION IF BOTH THE APPEALS OF ASSESSEE ARE DISMISSED AS WITHDRAWN. 5. WE HAVE CONSIDERED THE SUBMISSION OF BOTH THE PARTIES AND SEEN THE CONTENTS OF FORM-3 (SUPRA). CONSIDERING THE CONTENTS OF THE APPLICATION FILED BY THE ASSESSEE AND SUBMISSION OF LD.AR FOR THE ASSESSEE, BOTH APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN BEING SETTLED. RESULTANTLY, THE BOTH APPEALS OF THE ASSESSEE ARE DISMISSED. THE AO IS DIRECTED TO PASS CONSEQUENTIAL ORDER AS PER CBDT CIRCULAR NO.3/2021 DATED 04.03.2021. ORDER PRONOUNCED ON 26 TH APRIL 2021 AT THE TIME OF HEARING OF APPEAL. SD/- SD/- (DR.ARJUN LAL SAINI) (PAWAN SINGH) ( /ACCOUNTANT MEMBER) ( /JUDICIAL MEMBER) / SURAT, DATED : 26 TH APRIL 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