G.K.Steel, Godhra V. The DCIT, Central Circle-1, Vadodara

ITA 1877/AHD/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 7305 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 11 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-09-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 04-09-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AH; VIDHYUT TRIVEDI SR D R ITA NO
• Section: 143(3); 153A; 153C

Judgement Text

, SMC IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD (THROUGH VIRTUAL COURT) BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER ./ I.T.A. NO. 1875/AHD/2018 ( ASSESSMENT YEAR : 2012-13) PARAG V. CHUGH 1, KALALA DARWAJA, GODHRA - 389001 / VS. THE DY. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE - 1, AAYAKAR BHAWAN, RACECOURSE CIRCLE, VADODARA - 390007 ./ ./ PAN/GIR NO. : ACAPC7439D ( APPELLANT ) .. ( / RESPONDENT ) & ./ I.T.A. NOS. 1877 & 1878/AHD/2018 ( ASSESSMENT YEARS : 2012-13 & 2013-14) G. K. STEEL KALALA DARWAJA, GODHRA - 389001 / VS. THE DY. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE - 1, AAYAKAR BHAWAN, RACECOURSE CIRCLE, VADODARA - 390007 ./ ./ PAN/GIR NO. : AAKFG4815F ( APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI KETAN SHAH WITH SHRI AMAN K. SHAH, A.RS. / RESPONDENT BY : SHRI VIDHYUT TRIVEDI, SR. D.R. ITA NO. 1875, 1877 & 1878/AHD/18 [PARAG V. CHUGH & G. K. STEEL] - 2 - DATE OF HEARING 02/09/2020 !'# / DATE OF PRONOUNCEMENT 03/09/2020 / O R D E R PER PRADIP KUMAR KEDIA - AM: THE CAPTIONED APPEALS DIRECTED AT THE INSTANCE OF D IFFERENT ASSESSEES ARISE FROM THE RESPECTIVE ORDERS OF THE C OMMISSIONER OF INCOME TAX (APPEALS) (CIT(A)) AGAINST DIFFERENT A SSESSMENT YEARS AS TABULATED BELOW: ITA NOS. NAME OF ASSESSEE AY CIT(A)S ORDER DATED AOS ORDER DATED AOS ORDER UNDER SECTION 1875/AHD/18 PARAG V. CHUGH 2012-13 11.06.18 24.02.15 153A R.W.S. 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) 1877/AHD/18 G. K. STEEL 2012-13 -DO- 20.02.15 153C R.W.S. 153A R.W.S. 143(3) OF THE 1878/AHD/18 -DO- 2013-14 -DO- -DO- 143(3) OF THE ACT 2. IN THE CAPTIONED APPEALS, THE ASSESSEE HAS RAISE D SEVERAL GROUNDS SEEKING TO IMPUGN THE FIRST APPELLATE ORDER DATED 1 1.06.2018 ARISING FROM THE DIFFERENT ASSESSMENT ORDERS. 3. WHEN THE MATTERS WERE CALLED FOR HEARING, LEARNE D COUNSEL FOR THE ASSESSEE, AT THE OUTSET, ADVERTED TO AN APPLICATION DATED 02.09.2020 MOVED BY THE ASSESSEE SEEKING WITHDRAWAL OF CAPTION ED APPEALS PENDING BEFORE ITAT AND POINTED OUT THAT THE ASSESSEE HAS T AKEN STEPS TO AVAIL THE ONGOING BENEVOLENT SCHEME FORMULATED UNDER DIR ECT TAX VIVAD SE VISHWAS ACT, 2020 (VSVA IN SHORT). THE LEARNED CO UNSEL, THEREAFTER, ADVERTED TO SUB-SECTION (2) & (3) OF SECTION 4 OF V SVA AND SUBMITTED THAT IT IS ENJOINED UPON ASSESSEE, IN TANDEM, TO WI THDRAW PENDING APPEALS ITA NO. 1875, 1877 & 1878/AHD/18 [PARAG V. CHUGH & G. K. STEEL] - 3 - IN ORDER TO AVAIL ONGOING VSV SCHEME MEANT FOR REDR ESSAL OF DISPUTE IN RESPECT OF PENDING INCOME TAX LITIGATION AND THEREB Y ENABLE THE ASSESSEE TO ENJOY PEACE OF MIND FROM LONG-DRAWN AND VEXATIOUS LITIGATION PROCESS. THE LEARNED COUNSEL THUS ESSENTIALLY SUBM ITTED THAT THE ASSESSEE DOES NOT SEEK TO PRESS THE GROUNDS RAISED ON MERITS AND SEEKS LEAVE OF THE TRIBUNAL TO WITHDRAW THE CAPTIONED APPEALS PEND ING FOR ADJUDICATION WITH A VIEW TO MARCH AHEAD AND COMPLETE ALL REQUISI TE PROCEDURAL FORMALITIES ENVISAGED UNDER THE SCHEME. 4. THE LEARNED DR FOR THE REVENUE STATED THAT HE HA S NO OBJECTION TO THE PROPOSAL FOR WITHDRAWAL OF APPEALS IN THE CIRCU MSTANCES NARRATED ON BEHALF OF THE ASSESSEE. 5. WE HAVE CONSIDERED THE AVERMENTS MADE ON BEHALF OF THE ASSESSEE FOR WITHDRAWAL OF ALL THREE APPEALS. A REFERENCE HA S BEEN MADE TO SUB- CLAUSE (2) & (3) OF SECTION 4 OF DIRECT TAX VIVAD SE VISHWAS ACT, 2020 FOR THE PURPOSES OF WITHDRAWAL OF APPEALS. I T MAY BE PERTINENT TO EXTRACT THE RELEVANT PROVISIONS OF THE ACT FOR A RE ADY REFERENCE TO ADDRESS THE POINT: 4. FILING OF DECLARATION AND PARTICULARS TO BE FUR NISHED.(1) THE DECLARATION REFERRED TO IN SECTION 3 SHALL BE FILED BY THE DECLARANT BEFORE THE DESIGNATED AUTHORITY IN SUCH FORM AND VERIFIED IN S UCH MANNER AS MAY BE PRESCRIBED. (2) UPON THE FILING THE DECLARATION, ANY APPEAL PEN DING BEFORE THE INCOME-TAX APPELLATE TRIBUNAL OR COMMISSIONER (APPE ALS), IN RESPECT OF THE DISPUTED INCOME OR DISPUTED INTEREST OR DISPUTED PE NALTY OR DISPUTED FEE AND TAX ARREAR SHALL BE DEEMED TO HAVE BEEN WITHDRAWN F ROM THE DATE ON WHICH CERTIFICATE UNDER SUB-SECTION (1) OF SECTION 5 IS I SSUED BY THE DESIGNATED AUTHORITY. (3) WHERE THE DECLARANT HAS FILED ANY APPEAL BEFORE THE APPELLATE FORUM OR ANY WRIT PETITION BEFORE THE HIGH COURT OR THE SUPREME COURT AGAINST ANY ORDER IN RESPECT OF TAX ARREAR, HE SHAL L WITHDRAW SUCH APPEAL OR WRIT PETITION WITH THE LEAVE OF THE COURT WHEREVER REQUIRED AFTER ISSUANCE OF CERTIFICATE UNDER SUB-SECTION (1) OF SECTION 5 AND FURNISH PROOF OF SUCH WITHDRAWAL ALONG WITH THE INTIMATION OF PAYMENT TO THE DESIGNATED AUTHORITY UNDER SUB-SECTION (2) OF SECTION 5. (4) ------------------------------------- (5) ------------------------------------- ITA NO. 1875, 1877 & 1878/AHD/18 [PARAG V. CHUGH & G. K. STEEL] - 4 - (6) ------------------------------------- (7) -------------------------------------' 6. IN THE LIGHT OF EXPLICIT POSTULATIONS MADE IN TH E SCHEME AS NOTED ABOVE AND HAVING REGARD TO THE CATEGORICAL STANCE T AKEN ON BEHALF OF THE ASSESSEE FOR WITHDRAWAL OF PENDING APPEALS IN CONSE NSUS WITH THE REVENUE, WE ENDORSE THE AFORESAID REQUEST FOR WITHD RAWAL IN AFFIRMATIVE TO ENABLE THE ASSESSEE TO AVAIL THE VSV SCHEME IN A CCORDANCE WITH LAW. 7. IN THE RESULT, ALL THREE APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. SD/- SD/- (MAHAVIR PRASAD) (PRADIP KUMAR K EDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: DATED 03/09/2020 TRUE COPY S. K. SINHA !'#' / COPY OF ORDER FORWARDED TO:- &. / REVENUE 2. / ASSESSEE (. )*+ , / CONCERNED CIT 4. ,- / CIT (A) /. 012 33*+4 *+#4 5) / DR, ITAT, AHMEDABAD 7. 289 : / GUARD FILE. BY ORDER / 4 /5 *+#4 5) THIS ORDER PRONOUNCED ON 03/09/2020