ITO, Ward 2(1)(3), , Ahmedabad V. Infinity Comtrade Pvt Ltd., Ahmedabad

ITA 1819/AHD/2017

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 7587 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 year(s) 3 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-11-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 02-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V.K. SINGH
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “C” BENCH (BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER & SHRI AMARJIT SINGH, ACCOUNTANT MEMBER) [Through Virtual Court] ITA. No: 1819/Ahd/2017 (Assessment Years: 2014-15) Income Tax Officer, Ward- 2(1)(3), Ahmedabad M/s Infinity Comtrade Pvt. Ltd., A/209, Vibhuti Apartments, B/h. Star India Bazar, Jodhpur Cross Road, Satellite, Ahmedabad-380015 PAN No. AABCI5357E (Appellant) (Respondent) Appellant by : Shri V.K. Singh, Sr. D.R. Respondent by : Ms. Urvashi Shodhan (आदेश)/ORDER Date of hearing : 18 -11-2021 Date of Pronouncement : 26-11-2021 PER MAHAVIR PRASAD, J.M. 1. This revenue's appeal for A.Y. 2014-15, arises from order of the CIT(A)-2, Ahmedabad dated 18-05-2017, in proceedings under section 143(3) of the Income Tax Act, 1961; in short ''the Act". ITA No. 1819/Ahd/2017 . A.Y. 2014-15 2 2. The assessee filed written submission to withdraw the appeal on the ground that it has opted to avail benefits of Vivad se Vishvvas Scheme, 2020. When the matter was called for hearing, the Id. counsel for the assessee at the outset has submitted that he does not want to pursue the said appeal and requested that application for withdrawal of appeal may please be granted. 3. The Ld. Departmental Representative for the Revenue stated that he has no objection to withdraw the appeal in the circumstances narrated on behalf of the assessee. 4. We have considered the submission and application of the assessee for withdrawal of the appeal. A reference has been made in sub-section (2) & (3) of section 4 of Direct Tax Vivad se Vishwas Scheme, 2020 for the purpose of withdrawal of appeal. During the course of appellate proceedings before us, the Id. counsel has enclosed copy of Form No. 3 issued by Pr. CIT. In the light of the provision made in the scheme and after considering the material on record, the aforesaid request for withdrawal of appeal of the revenue to avail the VSV Scheme, 2020 in accordance with law is allowed. However, in case, any issue is remained un-resolved under the said scheme, then, the assessee/revenue will be at liberty to file the Miscellaneous Applications to recall this order to restore the original appeal within the time limit provided in the act. ITA No. 1819/Ahd/2017 . A.Y. 2014-15 3 5. In the result, appeal filed by the Revenue is dismissed. Order pronounced in Open Court on 26 - 11- 2021 Sd/- Sd/- (AMARJIT SINGH) (MAHAVIR PRASAD) ACCOUNTANT MEMBER True Copy JUDICIAL MEMBER Ahmedabad: Dated 26/11/2021 Rajesh Copy of the Order forwarded to:- 1. The Appellant. 2. The Respondent. 3. The CIT (Appeals) – 4. The CIT concerned. 5. The DR., ITAT, Ahmedabad. 6. Guard File. By ORDER Deputy/Asstt.Registrar ITAT,Ahmedabad