The Dy. Commissioner of Income Tax, Circle-1(2), Ahmedabad V. M/s. B.T. Corporation, Kalol

ITA 1588/AHD/2016

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4885 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 year(s) 8 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 11-06-2020
• Assessment Year: 2012-2013
• Appeal Filed On: 13-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: OTHERS SHRI R P MEENA
• Section: 13; 22

Judgement Text

, D IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD (CONDUCTED THROUGH VIRTUAL COURT) BEFORE SHRI PRADIPKUMAR KEDIA, ACCOUNTANT MEMBER AND MS.MADHUMITA ROY, JUIDICIAL ACCOUNTANT SR. NO. APPEAL TYPE /NO. ASST. YEAR APPELLANT RESPONDENT APPEARAN CE FOR THE ASSESSEE 1. ITA NO.1588/AHD/2016 2012-13 DCIT, CENT.CIR.1(2) AHMEDABAD. M/S.B.T.CORPORATION B.T. HOUSE NR. POLICE STATION PACNHVATI RESIDENCY KALOL DIST: GANDHINAGAR 382 721 PAN : AAIFB 5811 A SHRI PARIN SHAH, AR 2. IT(SS)A.NO.135/AHD/2013 2008-09 MANGAL TEXTILE M ILLS (I).P.LTD. 63, NEW CLOTH MARKET O/S. RAIPUR GATE AHMEDABAD. PAN : AABCM 0647 H ACIT, CENT.CIR.2(4) AHMEDABAD -DO- 3-4 IT(SS)NO.133 TO 134/AHD/2013 2008-09 2009-10 RECHNA FABRICS P.LTD. 44/45, GIDC, PHASE-I, VATVA AHMEDABAD 382 445. PAN : AAACR 9047 F ACIT, CENT.CIR.2(4) AHMEDABAD. SHRI PARIN SHAH 5-6 ITA NO.599 AND 606/AHD/2013 2009-10 2008-09 SITA FABRICS MILLS P.LTD. 63, NE CLOTH MARKET O/S.RAIPUR GATE AHEDABAD 380 001 PAN : AADCS 3753 J ACIT, CENT.CIR.2(4) AHMEDABAD SHRI PARIN SHAH 7-11 IT(SS)A.NO.244 TO 248/AHD/2015 2005-06 TO 2009-10 M/S.LILY ENCLAVE PVT.LTD. 63, NEW CLOTH MARKET O/S.RAIPUR DARWAJA AHMEDABAD 380001 PAN : AAACL 9905 C ACIT, CENT.CIR.2(4) AHMEDABAD. SHRI PARIN SHAH 12 1982/AHD/2018 2010-11 SHRI ARUNBHAI ABHECHANDBHA I SHAH, 1 ST FLOOR, NR.AMAR JYOT BLDG M.G. ROAD, SARAF BAZAR BHAVNAGAR. PAN : ABGPS 8815 N ITO, WARD-2(1) AHMEDABAD. WITHDRAWAL 13. ITA NO.3106/AHD/2014 2010-11 SHRI JAIMINBHAI PA NNALAL INAMDAR 47/C, GITAJALI APRTMENT NR.JALARAM TEMPLE KARELIBAUG BARODA 390 018. PAN : AAEPI 0979 A DCIT, CIR.5 BARODA. SHRI M.J. SHAH 14. 322/AHD/2017 2010-11 SHRI SHAILESHBHAI K. KOLAD IYA PROP: OF DIVYA ELECTRICALS SHED 53, MAHALAXMI INDUSTRIAL ESTATE, B/H. SHYAM SHIKHAR TOLNAKA, BAPUNAGAR AHMEDABAD 380 024 PAN : AIPPK 4810 M ITO, WARD-5(3)(5) AHMEDABAD. SHRI HARDIK VORA ITA NO. 1588/AHD/2018 & 13 OTHERS SHRI R.P.MEENA, SR.DR, AND SHRI DINESH SINGH, SR.DR PUT APPEARANCE ON BEHALF OF REVENUE / DATE OF HEARING 17-12-2020 ! /DATE OF PRONOUNCEMENT 22 -02-2021 '#/ O R D E R PER BENCH: OUT OF ABOVE FOURTEEN APPEALS, ONE BY THE REVENUE A ND OTHER BY DIFFERENT ASSESSEES ARISING FROM RESPECTIVE ORDERS OF THE COMMISSIONER OF INCOME TAX (APPEALS) (CIT(A)) FOR ASSESSMENT YEAR S MENTIONED IN THE TITLE CAUSE. 2. THE REGISTRY OF THE ITAT HAS SEGREGATED THE ABOV E APPEALS WHERE ASSESSEES HAVE SOUGHT TO WITHDRAW THE APPEALS LISTE D ABOVE ON THE GROUND THAT THEY HAVE OPTED TO AVAIL BENEFITS OF VIVAD SE VISHWAS SCHEME, 2020 (VSVS). WHEN THE MATTERS WERE CALLED FOR HEA RING, SOME OF THE ASSESSEES HAVE FILED WITHDRAWAL PURSHIS AND IN OTHER CASES RESPECTIVE ASSESSEES APPEARED THROUGH THEIR AUTHORIZED REPRESE NTATIVES. THE LD. COUNSELS APPEARING FOR THE ASSESSEES AT THE OUTSET HAVE SUBMITTED THAT THEY DO NOT SEEK TO PURSUE THE ABOVE APPEALS OWING TO EXERCISE OF OPTION FOR AVAILING BENEFIT UNDER VSV SCHEME AND SOME OF A SSESSEES HAVE COMPLIED WITH THE REQUISITE FORMALITIES, AND THEREF ORE, REQUESTED THAT THEIR APPLICATIONS FOR WITHDRAWAL OF APPEALS MAY PL EASE BE GRANTED. IN THE CASE OF REVENUES APPEAL, THE LD.COUNSEL FOR TH E ASSESSEE SUBMITTED THAT SINCE THE ASSESSEE WANTS TO RESOLVE THE ISSUE UNDER VSV SCHEME, REVENUES APPEAL MAY BE TREATED TO BE WITHDRAWN SO AS TO PAVE WAY FOR SETTLEMENT OF THE ISSUE UNDER THE SAID SCHEME. IN OTHER WORDS, ALL THE ITA NO. 1588/AHD/2018 & 13 OTHERS ASSESSEE WANTS TO RESOLVE THEIR RESPECTIVE ISSUES U NDER VIVAD SE VISHWAS SCHEME, AND THEREFORE, ALL THE APPEALS ARE SOUGHT T O BE TREATED AS WITHDRAWAN. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT HE HAS NO OBJECTION FOR WITHDRAWAL OF THE APPEALS BY T HE RESPECTIVE ASSESSEES AND TREATING THE APPEAL OF THE REVENUE AS WITHDRAWN, PROVIDED ASSESSEES COMPLY ALL FORMALITIES UNDER VIVAD SE VIS HWAS ACT, 2020 AND SINCERELY WANTS TO SETTLE THE ISSUE BY TAKING ADVAN TAGE OF THE SCHEME. 4. IN THE LIGHT OF ORAL/WRITTEN REQUESTS MADE ON BE HALF OF THE ASSESSEES, ALL THE APPEALS ARE TREATED AS DISMISSED AS BEING WITHDRAWN. HOWEVER, IN THE EVENT, THE ASSESSEES FAIL TO AVAIL THE BENEFIT OF VSV SCHEME FOR ANY BONAFIDE REASONS, THEN THE ASSESSEES CONCERNED WILL BE AT LIBERTY TO SEEK RESTORATION OF ORIGINAL APPEALS, AS ALSO BY THE REVENUE FOR ADJUDICATION BEFORE ITAT IN ACCORDANCE WITH LAW. 5. IN THE RESULT, ALL THE APPEALS ARE DISMISSED AS BEING WITHDRAWN UNDER VIVAD SE VISHWAS SCHEME. ORDER PRONOUNCED IN THE COURT ON 22 ND FEBRUARY, 2021 AT AHMEDABAD. SD/ - (PRADIPKUMAR KEDIA) ACCOUNTANT MEMBER SD/ - (MS.MADHUMITA ROY) VICE-PRESIDENT AHMEDABAD; DATED 22/02/2021