Bhagwati Banquets & Hotels Ltd., Ahmedabad V. The Pr. CIT-1, Ahmedabad

ITA 1537/AHD/2015

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1488 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 6 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 16-04-2020
• Assessment Year: 2010-2011
• Appeal Filed On: 29-05-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANDEEP SINGH
• Assessee Lawyers: S N DIVATIA

Judgement Text

, D IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD (CONDUCTED THROUGH VIRTUAL COURT) BEFORE SHRI RAJPAL YADAV, VICE-PRESIDENT AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER ITA NO.1537 AND 2062/AHD/2015 / ASSTT.YEAR : 2010-11 AND 2011-12 BHAGWAI BANQUETS & HOTELS LTD. 301, CIRCLE-P, PRAHALADNAGAR GARD ROAD S.G. ROAD AHMEDABAD 380 054. PAN : AABCB 6825 A VS. PR.CIT - 1 AMBAWADI AHMEDABAD. ITA NO.1055/AHD/2017 / ASSTT.YEAR : 2012-13 DCIT, CIR.4(1)(2) AHMEDABAD. VS. BHAGWAI BANQUETS & HOTELS LTD. 301, CIRCLE-P, PRAHALADNAGAR GARD ROAD S.G. ROAD AHMEDABAD 380 054. PAN : AABCB 6825 A ( APPLICANT ) ( RESPONENT ) ASSESSEE BY : SHRI S.N. DIVATIA, AR REVENUE BY : SHRI SANDEEP SINGH, SR.DR / DATE OF HEARING : 10/12/2020 / DATE OF PRONOUNCEMENT: 10/12/2020 !'/ O R D E R PER RAJPAL YADAV, VICE-PRESIDENT: ABOVE THREE APPEALS; TWO BY THE ASSESSEE AGAINST OR DER OF THE LD.PR.CIT(A)-1, AHMEDABAD DATED 20.3.2015 FOR THE A SSTT.YEAR 2010- 11 AND ANOTHER APPEAL AGAINST ORDER OF THE LD.CIT(A )-6, AHMEDABAD DATED 1.4.2015 FOR THE ASSTT.YEAR 2011-12. REVENUE APPEAL IS ITA NO.1537, 2062 /AHD/2015 AND 1055/AHD/2017 2 DIRECTED AGAINST THE ORDER OF LD.CIT(A)-1, AHMEDABA D DATED 28.2.2017 FOR THE ASSTT.YEAR 2012-13. 2. WHEN THE CASES WERE CALLED FOR HEARING, THE LD.C OUNSEL FOR THE ASSESSEE FILED THREE APPLICATIONS DATED 8.12.2020 S EEKING ADJOURNMENT ON THE GROUND THAT ASSESSEE IS LOOKING FOR AVAILING BENEFIT UNDER VIVAD SE VISHWAS ( VSV) SCHEME. HE SUBMITTED THAT OWING TO THIS FACT THAT APPLICATIONS FOR EXERCISE OF OPTION FOR AVAILI NG VIVAD SE VISHWAS SCHEME IS UNDER PROCESS AND IT DOES NOT WANT TO PUR SUE ITS APPEALS, ASSESSEE MAY BE PERMITTED TO WITHDRAW ITS APPEAL. I T IS FURTHER SUBMITTED THAT SINCE ISSUES IN THE REVENUES APPEAL ARE ALSO DESIRE TO BE SETTLED THROUGH VSV SCHEME, AND THEREFORE, IT WI LL BE IN THE FITNESS THING, IF DEPARTMENT AGREES, ITS APPEAL MAY ALSO BE TREATED TO BE WITHDRAWN. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT HE HAS NO OBJECTION FOR WITHDRAWAL OF THE APPEALS B Y THE ASSESSEE, IN THE CIRCUMSTANCES NARRATED ON BEHALF OF THEM. THE REVENUE HAS ALSO NO OBJECTION IF ITS APPEAL STANDS WITHDRAWN, PROVID ED THE REVENUE IS GIVEN LIBERTY TO RESTORE ITS APPEAL TO ITS ORIGINAL , IN CASE THE ASSESSEE FAILS TO EXERCISE/AVAIL VSV SCHEME. 4. IN THE LIGHT OF THE ABOVE SUBMISSIONS BOTH THE P ARTIES, APPEALS FILED BY THE ASSESSEE AND REVENUE STAND DISMISSED A S WITHDRAWN. HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHEME FOR ANY BONAFIDE REASONS, THEN THE ASSESSEE WILL BE AT LIBERTY TO SEEK RESTORATION OF ORIGINAL APPEAL FOR ADJUDICA TION BEFORE ITAT IN ITA NO.1537, 2062 /AHD/2015 AND 1055/AHD/2017 3 ACCORDANCE WITH LAW. REVENUE IS ALSO GIVEN SUCH LI BERTY TO RESTORE ITS APPEAL IN CASE OF FAILURE OF THE ASSESSEE TO AVAIL THE SCHEME-BENEFITS. 5. IN THE RESULT, ALL THE APPEALS ARE DISMISSED AS BEING WITHDRAWN UNDER VSV SCHEME. ORDER PRONOUNCED IN THE COURT ON 10 TH DECEMBER, 2020 AT AHMEDABAD. S D / - (WASEEM AHMED) ACCOUNTANT MEMBER S D / - (RAJPAL YADAV) VICE-PRESIDENT