Shri Jagdish Govindbhai Amin, Baroda V. The CIT-I, Baroda

ITA 1603/AHD/2014

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1790 (ITAT-AHMEDABAD)
• Duration Of Justice: 6 year(s) 9 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 13-07-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 21-05-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Condonation of delay

Judgement Text

, C IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD ( CONVENED THROUGH VIRTUAL COURT ) BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER S. NO. APPEAL A.Y. APPELLANT (PAN NO.) RESPONDENT A.R.(SHRI) 1. ITA NO. 1603/AHD/2014 2009-10 SHRI JAGDISH GOVINDGHAI AMIN (ACIPA7480L) ITO WARD-2(3) BARODA BHAVIN MARFATIA & AMRIN PATHAN 2. ITA NO. 3504/AHD/2014 2008-09 ABIR INVESTMENTS PVT. LTD. ( AABCA3129Q) ACIT, CIRCLE- 1(1)(1), AHMEDABAD S. N. SOPARKAR & NUPUR SHAH REVENUE BY : SHRI L. P. JAIN, SR. D.R. & O. P. SHARMA, CIT DR / DATE OF HEARING 18/01/2021 / DATE OF PRONOUNCEMENT 22/02/2021 / O R D E R PER BENCH: THE CAPTIONED TWO APPEALS ARISE FROM THE RESPECTIVE ORDERS OF THE COMMISSIONER OF INCOME TAX (APPEALS) (CIT(A)) AGA INST DIFFERENT ASSESSMENT YEARS. 2. THE CAPTIONED ASSESSEES HAVE SOUGHT TO WITHDRAW THE APPEALS LISTED ABOVE ON THE GROUND THAT THEY HAVE OPTED TO AVAIL B ENEFITS OF VIVAD SE VISHWAS SCHEME, 2020 (VSV). WHEN THE MATTER WAS C ALLED FOR HEARING, THE LD. COUNSELS FOR THE ASSESSEE AT THE OUTSET HAV E SUBMITTED THAT THEY DO NOT SEEK TO PURSUE THE SAID APPEALS OWING TO EXERCI SE OF OPTION FOR AVAILING VSV SCHEME AND CONSEQUENTLY REQUESTED THAT THEIR APPLICATIONS FOR WITHDRAWAL OF APPEALS MAY PLEASE BE GRANTED. R EFERENCE WAS ALSO MADE TO WRITTEN REQUESTS IN THIS REGARD. ITA NOS. 1603/AHD/14 & 3504/AHD/14 - 2 - 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW THE APPEALS IN THE CIR CUMSTANCES NARRATED ON BEHALF OF THE ASSESSEE. 4. WE HAVE TAKEN NOTE OF THE DELAY IN CAPTIONED APP EAL OF 50 DAYS IN FILING APPEAL BEFORE THE TRIBUNAL. TAKING INTO CONS IDERATION THE LARGER INTEREST OF THE ASSESSEE SEEKING TO AVAIL THE ONGOI NG VSV SCHEME, 2020, WE FIND THAT CONDONATION OF DELAY WOULD NOT PREJUDI CE THE INTEREST OF REVENUE IN ANY MANNER. HENCE, WITHOUT GOING INTO T HE MERIT OF THE PRAYER, THE DELAY IS CONDONED. THE ASSESSEE THUS I S BE AT LIBERTY TO AVAIL THE BENEFIT OF VSV SCHEME. 5. IN THE LIGHT OF ORAL/WRITTEN REQUESTS MADE ON BE HALF OF THE CAPTIONED PARTIES, ALL THE APPEALS ARE DISMISSED AS WITHDRAWN. HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEF IT OF VSV SCHEME FOR ANY BONAFIDE REASONS, THEN THE ASSESSEE CONCERNED W ILL BE AT LIBERTY TO SEEK RESTORATION OF ORIGINAL APPEALS FOR HEARING BE FORE ITAT IN ACCORDANCE WITH LAW. 6. IN THE RESULT, ALL CAPTIONED APPEALS ARE DISMISS ED AS WITHDRAWN. SD/- SD/- SD/- SD/- (WASEEM AHMED) (MADHUM ITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: DATED 22/02/2021 TRUE COPY TANMAY / COPY OF ORDER FORWARDED TO:- 1. / REVENUE 2. / ASSESSEE 3. ! ! ' / CONCERNED CIT . ! ! '- $%&' / CIT (A) 5. )*+&! ,-- , ! $%&' ! $ , $/0 / DR, ITAT, AHMEDABAD 6. +23 45' / GUARD FILE. BY ORDER / , 6%//! %& ! $%&' ! $ , $/0 7 THIS ORDER PRONOUNCED ON 22/0 2/2021