Radhey Krishna Terene Pvt. Ltd., Surat V. The Income Tax Oficer, Ward-4(1), Surat

ITA 1930/AHD/2014

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4159 (ITAT-SURAT)
• Duration Of Justice: 6 year(s) 7 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 07-03-2017
• Assessment Year: 2010-2011
• Appeal Filed On: 23-06-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANUPAMA SINGLA
• Assessee Lawyers: RASESH SHAH

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, HON'BLE JUDICIAL MEMBER AND DR.SHRI ARJUN LAL SAINI, HON'BLE ACCOUNTANT MEMBER (VIRTUAL HEARING) . . ./ I.T.A NO.1855/AHD/2014 [ [ / ASSESSMENT YEAR: 2010-11 THE INCOME TAX OFFICER, WARD-4(1), SURAT. VS. RADHA KRISHNA TERENE PVT. LTD., 519, SILK PLAZA MARKET, RING ROAD, SURAT 395 003. [PAN: AAECR 3802 N] / APPELLANT /RESPONDENT . . ./ I.T.A NO.1930/AHD/2014 [ [ / ASSESSMENT YEAR: 2010-11 RADHA KRISHNA TERENE PVT. LTD., 519, SILK PLAZA MARKET, RING ROAD, SURAT 395 003. [PAN: AAECR 3802 N] VS . THE INCOME TAX OFFICER, WARD-4(1), SURAT. / APPELLANT /RESPONDENT [ /ASSESSEE BY SHRI RASESH SHAH CA /REVENUE BY SMT. ANUPAMA SINGLA - SR.DR / DATE OF HEARING: 0 9 . 0 2 .20 2 1 /PRONOUNCEMENT ON: 0 9 . 0 2 .202 1 /O R D E R PER PAWAN SINGH, JUDICIAL MEMEBER: 1. THESE CROSS APPEALS BY THE ASSESSEE AND REVENUE ARE DIRECTED AGAINST THE COMMON ORDERS OF LD.COMMISSIONER OF INCOME TAX(APPEALS)-II, SURAT DATED 16.04.2014 FOR THE ASSESSMENT YEARS (AY) 2010-11. 2. BOTH THE APPEALS CAME UP FOR HEARING ON 9 TH FEBRUARY 2021. THE ASSESSEE HAS ALREADY SUBMITTED AN APPLICATION DATED 08.02.2021 FOR WITHDRAWAL OF APPEAL ON THE GROUND THAT THE ASSESSEE HAS SETTLED THE RADHEY KRISHNA TERENE PVT. LTD.,(CROSS APPEAL)./ ITA NO.1855/AHD/2014 & 1930/AHD/2014 FOR A.Y. 2010-11 2 DISPUTE WITH THE REVENUE UNDER VIVAD SE VISVAS SCHEME-2020, FOR THE TAX LIABILITY FOR ASSESSMENT YEAR 2010-11 AND HAD ALREADY RECEIVED FORM-3, VIDE CERTIFICATE NO.233042020300121, ISSUED FROM THE OFFICE OF PRINCIPAL COMMISSIONER OF INCOME TAX, SURAT-1, DATED 30.01.2021 COPY OF WHICH IS FILED. THE LD. AR FOR THE ASSESSEE SUBMITS THAT THE ASSESSEE SHALL PAY THE FULL AND FINAL DEMAND AS PER UNDERTAKING GIVEN BY ASSESSEE. THE LD.AR OF ASSESSEE PRAYED FOR WITHDRAWAL OF THE ASSESSEES APPEAL AND FURTHER PRAY THAT THE REVENUE SHOULD ALSO WITHDRAW ITS APPEAL. 3. THE LD. SENIOR DEPARTMENTAL REPRESENTATIVE (SR.DR) APPEARING FOR THE REVENUE HAS NO OBJECTION IF THE APPEAL OF ASSESSEE IS DISMISSED AS WITHDRAWN. SIMILARLY, FOR THE APPEAL FILED BY THE REVENUE, THE LD. DR FOR THE REVENUE SUBMITS THAT SHE MAY ALSO BE ALLOW TO WITHDRAW REVENUES APPEAL. CONSIDERING THE SUBMISSIONS OF THE LD. AR OF THE ASSESSEE, AND THE LD. DR FOR THE REVENUE, BOTH THE PARTIES ARE ALLOWED TO WITHDRAW THEIR RESPECTIVE APPEALS. RESULTANTLY, THE APPEAL OF THE REVENUE AND THE CROSS APPEAL OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON 9 TH FEBRUARY 2021 AT THE TIME OF HEARING IN VIRTUAL COURT. SD/- SD/- (DR.ARJUN LAL SAINI) (PAWAN SINGH) ( /ACCOUNTANT MEMBER) ( /JUDICIAL MEMBER) / SURAT, DATED : 9 TH FEB 2021 / #SGR COPY OF ORDER SENT TO- ASSESSEE/AO/PR. CIT/ CIT (A)/ ITAT (DR)/GUARD FILE OF ITAT. BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR, SURAT