Parikh Construction Co., Baroda V. DCIT, Circle-1(3), Baroda

ITA 1889/AHD/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5511 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 5 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 31-03-2020
• Assessment Year: 2012-2013
• Appeal Filed On: 16-08-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: LALIT P JAINDR
• Assessee Lawyers: M K PATEL

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD ( THROUGH VIRTUAL COURT ) BEFORE SHRI RAJPAL YADAV, VICE PRESIDENT & SHRI WASEEM AHMED, ACCOUNTANT MEMBER ./ITA NO.1889/AHD/2017 ( / ASSESSMENT YEAR : 2012-13) PARIKH CONSTRUCTION CO. 4 TH FLOOR, 6 VASANT VIHAR SOCIETY NR. NAVRACHANA SCHOOL NEW SAMA ROAD BARODA / VS. THE DCIT CIRCLE-1(3) AAYAKAR BHAVAN RACE COURSE BARODA ./ ./ PAN/GIR NO. AAQFM 0543 A ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI M.K. PATEL, AR / RESPONDENT BY : SHRI LALIT P.JAIN,DR / DATE OF HEARING 01/02/2021 !'# / DATE OF PRONOUNCEMENT 02 /02/2021 / O R D E R PER WASEEM AHMED, AM: THE ABOVE APPEAL FILED BY ASSESSEE ARISES FROM ORD ER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-1, BARODA [CI T(A)] FOR ASSESSMENT YEAR MENTIONED IN THE TITLE CAUSE. 2. THE REGISTRY OF THE ITAT HAS SEGREGATED THE ABOV E APPEAL WHERE ASSESSEE HAS SOUGHT TO WITHDRAW THE ABOVE APP EAL ON THE GROUND THAT THEY HAVE OPTED TO AVAIL BENEFITS OF V IVAD SE VISHWAS SCHEME, 2020 (VSVS). THE LD. COUNSEL FOR THE ASS ESSEE APPEARING ITA NO.1889/AHD/2017 M/S.PARIKH CONSRTUCTION CO. VS. DCIT ASST .YEAR 2012-13 - 2 - FOR THE ASSESSEE AT THE OUTSET HAS SUBMITTED THAT H E DOES NOT SEEK TO PURSUE THE SAID APPEAL OWING TO EXERCISE OF OPTION FOR AVAILING VSV SCHEME AND COMPLIED WITH THE REQUISITE FORMALITIES, AND CONSEQUENTLY REQUESTED THAT HIS APPLICATION FOR WIT HDRAWAL OF APPEAL MAY PLEASE BE GRANTED. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT HE HAS NO OBJECTION FOR WITHDRAWAL OF THE APPE AL BY THE ASSESSEE IN THE CIRCUMSTANCES NARRATED ON BEHALF OF THEM. 4. IN THE LIGHT OF ORAL/WRITTEN REQUEST MADE ON BEH ALF OF THE ASSESSEE, THE APPEAL IS DISMISSED AS WITHDRAWN. H OWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF V SV SCHEME FOR ANY BONAFIDE REASONS, THEN THE ASSESSEE CONCERNED WILL BE AT LI BERTY TO SEEK RESTORATION OF ORIGINAL APPEAL FOR ADJUDICATIO N BEFORE ITAT IN ACCORDANCE WITH LAW. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DI SMISSED AS BEING WITHDRAWN. THIS ORDER PRONOUNCED IN OPEN COURT ON 02/02/2021 SD/- SD/- ( RAJPAL YADAV ) ( WASEEM AHMED ) VICE PRESIDENT ACCOUNTNAT MEMBER AHMEDABAD; DATED 02/02/2021 &.., .(.. / T.C. NAIR, SR. PS ITA NO.1889/AHD/2017 M/S.PARIKH CONSRTUCTION CO. VS. DCIT ASST .YEAR 2012-13 - 3 - !'#' / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. )*+ , / CONCERNED CIT 4. , ( ) / THE CIT(A)-1, VADODARA 5. /01 ((*+ , *+# , ) / DR, ITAT, AHMEDABAD 6. 145 6 / GUARD FILE. / BY ORDER, / ( //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION (DICTATION PAD PAGES ATTA CHED AT THE END OF THIS APPEAL-FILE) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 02.02.2021 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S.2.2.21 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 2.2.21 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER