Appeal details
Counselvise Citation
[2021] 109 COUNSELVISE.COM (IT) 5512 (ITAT-AHMEDABAD)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
5 year(s) 7 month(s) 25 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
02-02-2021
Appeal Filed By
Assessee
Order Result
Dismissed
Bench Allotted
D
Next Hearing Date
14-05-2020
Assessment Year
2007-2008
Appeal Filed On
08-06-2015
Judgement Text
, IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD ( THROUGH VIRTUAL COURT ) BEFORE SHRI RAJPAL YADAV, VICE PRESIDENT & SHRI WASEEM AHMED, ACCOUNTANT MEMBER ./ITA NO. 1635/AHD/2015 ( / ASSESSMENT YEAR : 2007-08) MILESTONE TRADELINKS PVT.LTD. (IN THE MATTER OF JUBILEE TRADELINK PVT.LTD.) WHICH STANDS ULTIMATELY AMALGAMATED WITH THE APPELLANT- COMPANY W.E.F. 1 ST APRIL 2011 IN TERMS OF ORDER DATED 3/09/20212 OF THE HONBLE GUJARAT HIGH COURT 103, SHALLY HOUSE 3, HARIHAR PARK SOCIETY NR.INCOME TAX UNDER BRIDGE NAVRANGPURA AGHMEDABAD-380 009 / VS. THE ACIT CIRCLE-5 AHMEDABAD ./ ./ PAN/GIR NO. : AACCM 9423 C ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI BIREN SHAH, AR / RESPONDENT BY : SHRI LALIT P.JAIN, SR.DR / DATE OF HEARING 01/02/2021 !'# / DATE OF PRONOUNCEMENT 02/02/2021 / O R D E R PER WASEEM AHMED, AM: THE ABOVE APPEAL FILED BY ASSESSEE ARISES FROM OR DER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-9, AHMEDABAD [ CIT(A)] FOR ASSESSMENT YEAR MENTIONED IN THE TITLE CAUSE. ITA NO.1635/AHD/2015 MILESTONE TRADELINKS PVT.LTD, VS. ACIT ASST .YEAR 2007-08 - 2 - 2. THE REGISTRY OF THE ITAT HAS SEGREGATED THE ABOV E APPEAL WHERE ASSESSEE HAS SOUGHT TO WITHDRAW THE ABOVE APP EAL ON THE GROUND THAT THEY HAVE OPTED TO AVAIL BENEFITS OF V IVAD SE VISHWAS SCHEME, 2020 (VSVS). THE LD. COUNSEL FOR THE ASS ESSEE APPEARING FOR THE ASSESSEE AT THE OUTSET HAS SUBMITTED THAT H E DOES NOT SEEK TO PURSUE THE SAID APPEAL OWING TO EXERCISE OF OPTION FOR AVAILING VSV SCHEME AND COMPLIED WITH THE REQUISITE FORMALITIES, AND CONSEQUENTLY REQUESTED THAT HIS APPLICATION FOR WIT HDRAWAL OF APPEAL MAY PLEASE BE GRANTED. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT HE HAS NO OBJECTION FOR WITHDRAWAL OF THE APPE AL BY THE ASSESSEE IN THE CIRCUMSTANCES NARRATED ON BEHALF OF THEM. 4. IN THE LIGHT OF ORAL/WRITTEN REQUEST MADE ON BEH ALF OF THE ASSESSEE, THE APPEAL IS DISMISSED AS WITHDRAWN. H OWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF V SV SCHEME FOR ANY BONAFIDE REASONS, THEN THE ASSESSEE CONCERNED WILL BE AT LI BERTY TO SEEK RESTORATION OF ORIGINAL APPEAL FOR ADJUDICATIO N BEFORE ITAT IN ACCORDANCE WITH LAW. ITA NO.1635/AHD/2015 MILESTONE TRADELINKS PVT.LTD, VS. ACIT ASST .YEAR 2007-08 - 3 - 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DI SMISSED AS BEING WITHDRAWN. THIS ORDER PRONOUNCED IN OPEN COURT ON 02/02/2021 SD/- SD/- ( RAJPAL YADAV ) ( WASEEM AHMED ) VICE PRESIDENT ACCOUNTNAT MEMBER AHMEDABAD; DATED 02/02/2021 &.., .(.. / T.C. NAIR, SR. PS !'#' / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. )*+ , / CONCERNED CIT 4. , ( ) / THE CIT(A)-9, AHMEDABAD 5. /01 ((*+ , *+# , ) / DR, ITAT, AHMEDABAD 6. 145 6 / GUARD FILE. / BY ORDER, / ( //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION (DICTATION PAD PAGES ATTA CHED AT THE END OF THIS APPEAL-FILE) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 02.02.2021 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S.2.2.21 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 2.2.21 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER
