The ACIT, Circle-1, Bhavnagar V. M/s. Jai Jagdish Ship Breakers Pvt. Ltd., Bhavnagar

ITA 1790/AHD/2014

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8747 (ITAT-AHMEDABAD)
• Duration Of Justice: 6 year(s) 9 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2009-2010
• Appeal Filed On: 13-06-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S S SHUKLA
• Assessee Lawyers: S N SOPARKAR

Judgement Text

, D IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD ( CONVENED THROUGH VIRTUAL COURT ) BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER ./ I.T.A. NO. 1790/AHD/2014 ( ASSESSMENT YEAR : 2009-10) ACIT, CIRCLE-1, BHAVNAGAR / VS. M/S. JAI JAGDISH SHIP BREAKERS P. LTD. PLOT NO.-317, ADARSH CO- OP SOCIETY, VIJAYRAJNAGAR, BHAVNAGAR ./ ./ PAN/GIR NO. : AAACJ7062N ( APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI S. S. SHUKLA, SR. D.R. / RESPONDENT BY : SHRI S. N. SOPARKAR, SR. ADVOCATE & SHRI PARIN SHAH, A.R. DATE OF HEARING 25/03/2021 !'# / DATE OF PRONOUNCEMENT 25/03/2021 / O R D E R PER BENCH: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE REVENUE AGAINST THE ORDER OF THE COMMISSIONER OF IN COME TAX ITA NO. 1790/AHD/14 [ACIT VS. JAI JAGDISH SHIP BREAKERS PVT. LTD.] A.Y. 2009-10 - 2 - (APPEALS)-XX, AHMEDABAD (CIT(A) IN SHORT), DATED 31.03.2014 ARISING IN THE ASSESSMENT ORDER DATED 30 .12.2011 PASSED BY THE ASSESSING OFFICER (AO) UNDER S. 143(3 ) OF THE INCOME TAX ACT, 1961 (THE ACT) CONCERNING AY 2009-1 0. 2. WHEN THE MATTER WAS CALLED FOR HEARING IN THE CA PTIONED REVENUES APPEAL, LEARNED COUNSEL FOR THE ASSESSEE AT THE OUTSET SUBMITTED THAT THE DESIGNATED AUTHORITY HAS ALREADY GRANTED CERTIFICATE ELECTRONICALLY TO THE DECLARANT ASSESSE E CONCERNING THE PARTICULARS OF THE TAX ARREARS AND THE AMOUNT P AYABLE IN PRESCRIBED FORM-3 NOTIFIED IN VIVAD SE VISHWAS SCH EME, 2020 (VSV) READ WITH RULES FRAMED THEREUNDER. THE LEARN ED COUNSEL ACCORDINGLY SUBMITTED THAT HE DOES NOT SEEK TO DEFE ND THE SAID APPEAL OWING TO EXERCISE OF OPTION FOR AVAILING VSV SCHEME, AND CONSEQUENTLY URGED THAT ASSESSEES REQUEST FOR CLOSURE OF REVENUES APPEAL MAY PLEASE BE GRANTED. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW ITS APP EAL HAVING REGARD TO THE APPLICATION FROM ASSESSEE TO AVAIL TH E ONGOING SCHEME. 4. IN THE LIGHT OF WRITTEN REQUEST MADE ON BEHALF O F THE CAPTIONED ASSESSEE, THE APPEAL OF REVENUE IS DISMIS SED IN LIMINE . HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVA IL THE BENEFIT OF VSV SCHEME FOR ANY REASONS, THEN THE REV ENUE WILL ITA NO. 1790/AHD/14 [ACIT VS. JAI JAGDISH SHIP BREAKERS PVT. LTD.] A.Y. 2009-10 - 3 - BE AT LIBERTY TO SEEK RESTORATION OF ORIGINAL APPEA L FOR HEARING BEFORE ITAT IN ACCORDANCE WITH LAW. 5. IN THE RESULT, THE CAPTIONED APPEAL OF REVENUE I S DISMISSED IN LIMINE . SD/- SD/- (MAHAVIR PRASAD) (PRADIP KUMAR K EDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: DATED 25/03/2021 TRUE COPY S. K. SINHA !'#' / COPY OF ORDER FORWARDED TO:- &. / REVENUE 2. / ASSESSEE (. )*+ , / CONCERNED CIT 4. ,- / CIT (A) /. 012 33*+4 *+#4 56) / DR, ITAT, AHMEDABAD 7. 289 : / GUARD FILE. BY ORDER / 4 /5 *+#4 56) THIS ORDER PRONOUNCED ON 25/03/2021