ITO, Ward 2(1)(1), Ahmedabad V. Kesar Buildcon Pvt Ltd., Ahmedabad

ITA 1820/AHD/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9000 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 5 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 23-03-2020
• Assessment Year: 2013-2014
• Appeal Filed On: 03-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: L P JAIN

Judgement Text

, C IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD (CONDUCTED THROUGH VIRTUAL COURT) BEFORE SHRI RAJPAL YADAV, VICE-PRESIDENT AND SHRI AMARJIT SINH, ACCOUNTANT MEMBER ITA NO.1820/AHD/2017 / ASSTT.YEAR : 2013-14 ITO, WARD - 2(1)(1) AHMEDABAD. VS. M/S.KESAR BUILDCON P.LTD. OPP: INDRAPRASTHA TOWER DRIVE-IN-ROAD VASTRAPUR, AHMEDABAD. PAN : AABCK 9223 F ( APPLICANT ) ( RESPONENT ) REVENUE BY : SHRI L.P. JAIN, SR.DR ASSESSEE BY : WITHDRAWAL APPLICATION / DATE OF HEARING : 07/01/2021 / DATE OF PRONOUNCEMENT: 07/01/2021 !'/ O R D E R PER RAJPAL YADAV, VICE-PRESIDENT: THE ABOVE APPEAL FILED BY THE REVENUE ARISES FROM O RDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-2, AHMEDABAD D ATED 15.5.2017 FOR ASSESSMENT YEAR 2013-14. 2. WHEN THE MATTER WAS CALLED FOR HEARING, IT IS NO TICED THAT THE ASSESSEE HAS FILED A LETTER DATED 17.12.2020 STATIN G THAT THE ASSESSEE HAS RESOLVED THE ISSUE WITH THE DEPARTMENT BY AVAIL ING BENEFIT UNDER VIVAD SE VISHWAS SCHEME, AND THEREFORE, THE APPEAL OF THE REVENUE REQUIRES TO BE WITHDRAWN IN TERMS OF SCHEME. THE A SSESSEE HAS FILED COPY OF FORM NO.3 BEING THE CERTIFICATE ISSUED UNDE R SECTION 5(1) OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020. THE LD.DR H AS NO OBJECTION ITA NO.1820/AHD/2017 2 IF THE APPEAL OF THE REVENUE IS TREATED TO BE WITHD RAWN IN TERMS OF SCHEME OPTED BY THE ASSESSEE. 4. IN THE LIGHT OF THE ABOVE SUBMISSION MADE BY ASS ESSEE, WE FIND NO REASON TO KEEP PENDING APPEAL OF THE REVENUE BEF ORE THE TRIBUNAL. ACCORDINGLY, THE APPEAL OF THE REVENUE STANDS DISMI SSED. HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHEME FOR ANY REASONS, THEN THE REVENUE WILL BE AT LIBERTY TO SEEK RESTORATION OF ORIGINAL APPEAL FOR ADJUDICATION BEFORE ITAT IN ACC ORDANCE WITH LAW. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED UNDER VSV SCHEME. ORDER PRONOUNCED IN THE COURT ON 7 TH JANUARY, 2021 AT AHMEDABAD. SD/ - (AMARJIT SINGH) ACCOUNTANT MEMBER SD/ - (RAJPAL YADAV) VICE-PRESIDENT