Mahalaxmi Contracts Pvt. Ltd., Bhuj V. The Dy.CIT, Central Circle-1(1), Ahmedabad

ITA 1937/AHD/2014

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5746 (ITAT-AHMEDABAD)
• Duration Of Justice: 6 year(s) 7 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2009-2010
• Appeal Filed On: 25-06-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: LALIT P JAIN

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL , D BENCH, AHMEDABAD (CONDUCTED THROUGH VIRTUAL COURT AT AHMEDABAD) BEFORE SHRI RAJPAL YADAV , VICE PRESIDENT AND SHRI WASEEM AHMED , ACCOUNTANT MEMBER ./ ITA NO. 1937/AHD/2014 / ASSTT. YEAR: 2009 - 2010 MAHALAXMI CONTRACT PVT. LTD. 102, 1 ST FLOOR, SHANTI CHAMBERS, STATION ROAD, BHUJ - 370001. PAN : AAFCM7258L VS. D.C.I.T. , CENTRAL CIRCLE - 1(1) AHMEDABAD . AND ./ ITA NO. 2185/AHD/2014 / ASSTT. YEAR: 2009 - 2010 A.C.I.T., CENTRAL CIRCLE - 1(1) AHMEDABAD . VS. MAHALAXMI CONTRACT PVT. LTD. 102, 1 ST FLOOR, SHANTI CHAMBERS, STATION ROAD, BHUJ - 370001. PAN : AAFCM7258L (APPLICANT) ( RESPON D ENT ) ASSESSEE BY : SHRI S.N. SOPARKAR , SR. ADVOCATE WITH SHRI PARIN SHAH, A.R REVENUE BY : SHRI LALIT P. JAIN, SR .D. R / DATE OF HEARING : 0 4 / 02 / 2021 / DATE OF PRONOUNCEMENT: 04 / 02 /2021 / O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER: THE CAPTIONED APPEAL S HAVE BEEN FILED AT THE INSTANCE OF THE ASSESSEE AND THE REVENUE A GAINST THE ORDER OF THE LEARNED COMM ISSIONER OF INCOME ITA NO.1937 & 2185 /AHD/ 2014 ASSTT. YEAR 2009 - 10 2 TAX (APPEALS) - 1, AHMEDABAD , DATED 15/05/2014 ARISING IN THE MATTER OF ASSESSMENT ORDER PASSED UNDER S.143(3) R.W.S 148 OF THE INCOME TAX ACT, 1961 ( HERE - IN - AFTER REFERRED TO AS 'THE ACT') RELEVANT TO THE ASSESSMENT YEAR 2008 - 20 09 . 2. WHEN THE MATTER WAS CALLED FOR HEARING, IT IS NOTICED THAT THE ASSESSEE HAS FILED A LETTER DATED 04/02/2021 STATING THAT THE ASSESSEE WANTS TO RESOLVE THE ISSUE WITH THE DEPARTMENT BY AVAILING BENEFIT UNDER VIVAD SE VISHWAS SCHEME, AND THEREFORE THE APPEAL S OF THE ASSESSEE AND REVENUE REQUIRED TO BE WITHDRAWN IN TERMS OF SCHEME.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 THE LD.D.R HAS NO OBJECTION IF THE APPEAL S OF THE ASSES SEE AS WELL AS REVENUE ARE TREATED TO BE WITHDRAWN IN TERMS OF THE SCHEME OPTED BY THE ASSESSEE. 3.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 SAID APPEALS PENDING BEFORE THE TRIBUNA L SINCE ASSESSEE HAS EXERCI SED OPTION TO SETTLE THE ISSUE WITH THE DEPARTMENT UNDER VSV SCHEME . ACCORDINGLY THE APPEAL S OF THE ASSESSEE AND REVENUE STANDS DISMISSED. HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHEME FOR ANY REASONS, THEN BOTH THE ASSESSEE AS WELL AS REVENUE WILL BE AT LIBERTY TO SEEK RESTORATION OF RESPECTIVE APPEAL S FOR ADJUDICATION BEFORE THE ITAT IN ACCORDANCE WITH LAW. 4. IN THE RESULT S , THE APPEAL S OF THE ASSESSEE AND REVENUE ARE DISMISSED UNDER VSV SCH E ME. O RDER PRONOUNCED IN THE COURT ON 04 /02 / 2021 AT AHMEDABAD. SD/ - SD / - / - (RAJPAL YADAV ) (WASEEM AHMED) VICE PRESIDENT ACCOUNTANT MEMBER (TRUE COPY) A HMEDABAD; DATED 04 / 02 /2021 M ANISH