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

ITA 1821/AHD/2017

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 7943 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 year(s) 6 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-02-2022
• 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
• Assessee Lawyers: PREYASHI TATED
• Section: 143(3)

Judgement Text

आयकर अपीलीय अिधकरण, अहमदाबाद ᭠यायपीठ IN THE INCOME TAX APPELLATE TRIBUNAL, ‘’ C’’ BENCH, AHMEDABAD (CONDUCTED THROUGH VIRTUAL COURT AT AHMEDABAD) BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER And SHRI SIDDHARATHA NAUTIYAL, JUDICIAL MEMBER आयकर अपील सं./ITA No. 1821/AHD/2017 िनधाᭅरण वषᭅ/Asstt. Year:2014-2015 I.T.O, Ward-2(1)(2), Ahmedabad. Vs. M/s Kesar Builcon Pvt. Ltd., Opp. Indraprastha Tower, Drive in Road, Vastrapur, Ahmedabad-380009. PAN: AABCK4923F (Applicant) (Respondent) Revenue by : Shri V.K. Singh, Sr.D.R Assessee by : Ms Preyashi Tated, C.A सुनवाई कᳱ तारीख/Date of Hearing : 11/02/2022 घोषणा कᳱ तारीख /Date of Pronouncement: 25/02/2022 आदेश/O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER: The captioned appeal has been filed at the instance of the Revenue against the order of the Learned Commissioner of Income Tax (Appeals)-2, Ahmedabad, dated 17/05/2017 arising in the matter of assessment order passed under s. 143(3) of the Income Tax Act, 1961 (here-in-after referred to as "the Act") relevant to the Assessment Year 2014-2015. ITA no.1821/AHD/2017 A.Y. 2014-15 2 2. When the matter was called for hearing, it was noticed that Ld. A.R for the Assessee has filed a letter dated 11.02.2022 stating that he wants to resolve the issue with the department by availing benefit under Vivad Se Vishwas Scheme, and therefore the appeal of the Revenue is required to be withdrawn in terms of the scheme. The assessee has filed copy of form no. 3 being the certificate issue under section 5(1) of the Direct Tax Vivad Se Vishwas Act, 2020. The Ld. DR had no objection if the appeal of the Revenue is treated to be withdrawn in terms of the scheme opted by the assessee. 3. In the light of the above submission made by the assessee, we find no reason to keep the appeal pending of the Revenue before the Tribunal. Accordingly the appeal of the Revenue stands dismissed. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any bonafide reason, then the Revenue will be at liberty to seek restoration of original appeal for adjudication before the ITAT in accordance with law. 4. In the result, the appeal of the Revenue is dismissed under VSV Scheme. Order pronounced in the Court on 25/02/2022 at Ahmedabad. Sd/- Sd/- (SIDDHARATHA NAUTIYAL) (WASEEM AHMED) JUDICIAL MEMBER ACCOUNTANT MEMBER (True Copy) Ahmedabad; Dated 25/02/2022 Manish