M/s. Belgium Glass & Ceramics Pvt. Ltd., Baroda V. The DCIT, Circle -1(1) (1), Vadodara

ITA 1895/AHD/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9115 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 4 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 06-09-2018
• Result in Favour of: Revenue
• 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.1895/AHD/2018 / ASSTT.YEAR : 2012-13 M/S.BELGIUM GLASS & CERAMICS P.LTD. BARODA-JAMBUSAR HIGHWAY ROAD VILLAGE DABHASA DIST. BARODA 391 440. PAN : AAACB 8651 P VS. DCIT, CIR.1(1)(1) VADODRA. ( APPLICANT ) ( RESPONENT ) ASSESSEE BY : SHRI MUKUND BAKSHI REVENUE BY : SHRI L.P. JAIN, SR.DR / DATE OF HEARING : 08/01/2021 / DATE OF PRONOUNCEMENT: 08/01/2021 !'/ O R D E R PER RAJPAL YADAV, VICE-PRESIDENT: THE ABOVE APPEAL FILED BY THE ASSESSEE ARISES FROM ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-1, AHMEDABAD D ATED 29.4.2015 FOR ASSESSMENT YEAR 2012-13. 2. WHEN THE MATTER WAS CALLED FOR HEARING, IT IS NO TICED THAT THE ASSESSEE HAS FILED A LETTER DATED 06.0112.2021 STAT ING THAT THE ASSESSEE HAS OPTED FOR SETTLING THE DISPUTE UNDER THE DIRECT TAX VAIVAD SE VISHWAS SCHEME, AND THEREFORE, THE ASSESSEE SEEKS W ITHDRAWAL OF ITS ABOVE APPEAL PENDING BEFORE THE TRIBUNAL.. IN SUPP ORT OF ITS CLAIM, ASSESSEE HAS FILED COPY OF FORM NO.3 RECEIVED FROM THE DESIGNATED ITA NO.1895/AHD/2018 2 AUTHORITY. THE LD.DR HAS NO OBJECTION IF THE APPEAL OF THE ASSESSEE IS TREATED TO BE WITHDRAWN IN TERMS OF SCHEME OPTED BY THE ASSESSEE. 3. IN THE LIGHT OF THE ABOVE SUBMISSION MADE ASSESS EE IN ITS LETTER REFERRED ABOVE, WE FIND NO REASON TO KEEP PENDING A PPEAL OF THE ASSESSEE BEFORE THE TRIBUNAL. ACCORDINGLY, THE APP EAL OF THE ASSESSEE STANDS DISMISSED AS BEING WITHDRAWN. HOWEVER, IN T HE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHEME F OR ANY BONA FIDE REASONS, THEN THE ASSESSEE WILL BE AT LIBERTY TO SE EK RESTORATION OF ORIGINAL APPEAL FOR ADJUDICATION BEFORE ITAT IN ACC ORDANCE WITH LAW. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED AS BEING WITHDRAWN UNDER VSV SCHEME. ORDER PRONOUNCED IN THE COURT ON 8 TH JANUARY, 2021 AT AHMEDABAD. S D / - (AMARJIT SINGH) ACCOUNTANT MEMBER S D / - (RAJPAL YADAV) VICE-PRESIDENT