Bhagchand Jain, Surat V. ITO-2(3)(7), Surat

ITA 208/SRT/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 2751 (ITAT-SURAT)
• Duration Of Justice: 2 year(s) 6 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-10-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 04-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DEEPENDERA KUMAR SRDR
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JM &DR. A.L.SAINI, AM ./ ITA NO.206-207/SRT/2019 ( / ASSESSMENT YEARS: (2013-14 & 2014-15) (VIRTUAL COURT HEARING) BHAGCHAND JAIN (HUF), 507, MILLENNIUM TRADE CENTRE THOBA SHERI, MAHIDHARPURA, SURAT V S. INCOME TAX OFFICER, WARD NO. 2(3)(7), SURAT. ./ ./PAN/GIR NO.: AAGHB 1271 G (APPELLANT ) (RESPONDENT) ./ ITA NO.208/SRT/2019 ( / ASSESSMENT YEAR: (2008-09) BHAGCHAND JAIN 507, MILLENNIUM TRADE CENTRE THOBA SHERI, MAHIDHARPURA, SURAT V S. INCOME TAX OFFICER, WARD NO. 2(3)(7), SURAT. ./ ./PAN/GIR NO.: ABBPJ 5197 P (APPELLANT ) (RESPONDENT) ASSESSEE BY : SHRI HIMANSHU, C.A RESPONDENT BY : SHRI DEEPENDERA KUMAR, SR-DR / DATE OF HEARING : 26/10/2021 / DATE OF PRONOUNCEMENT : 26/10/2021 / O R D E R PER DR. A. L. SAINI, ACCOUNTANT MEMBER: CAPTIONED THREE APPEALS FILED BY TWO ASSESSEES PERTAINING TO ASSESSMENT YEARS 2013-14, 2014-15 AND 2008-09 ARE DIRECTED AGAINST THE SEPARATE ORDERS PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)-1,SURAT ALL DATED 07.02.2016 WHICH IN TURN ARISE OUT OF SEPARATE ASSESSMENT ORDERS PASSED BY THE ASSESSING OFFICER U/S 143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961 DATED 21.03.2016 AND 23.03.2016 RESPECTIVELY. PAGE | 2 ITA NO.206-208/SRT/2019 A.YS. 13-14, 14-15 & 08-09 SH BHAGCHAND JAIN (HUF) & BHAGCHAND JAIN 2. WE HAVE HEARD LD. AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE AND NOTED THAT LD. AR FOR THE ASSESSEE INFORMS THE BENCH BY WAY OF LETTER DATED 30.09.2021 THAT ASSESSEE HAS ALREADY FILED APPLICATIONS IN FORM NO.1 AND 2 FOR SETTLEMENT OF THEIR CASES UNDER THE VIVAD SE VISHWAS SCHEME 2020. THE ASSESSEES APPLICATIONS UNDER VIVAD SE VISHWAS SCHEME, HAVE BEEN APPROVED BY THE LD.PR.CIT(1), SURAT, BEARING CERTIFICATE NO.103543930050121 AND 132446010080121 DATED 05.01.2021 & 08.01.2021 ARE ALSO PLACED BEFORE THE BENCH. THE ASSESSEES PRAYED FOR WITHDRAWAL OF THE APPEALS TO WHICH, THE LEARNED SENIOR DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE DID NOT RAISE ANY OBJECTION. 3. WE HAVE GONE THROUGH FORM-3 FILED BY THE ASSESSEES TO OBTAIN THE BENEFIT OF VIVAD SE VISHWAS SCHEME AND NOTED THAT ASSESSEES HAVE OPTED THE BENEFIT APPEALS OF VIVAD SE VISHWAS SCHEME 2020, THEREFORE WE DISMISS THESE THREE APPEALS WITH LIBERTY TO THE ASSESSEE AS WELL AS TO THE REVENUE THAT IN CASE, IF THE APPLICATIONS PREFERRED BY THE ASSESSEE UNDER VSV-2020 DO NOT GET FINALLY SETTLED FOR ANY REASON WHATSOEVER, THEN BOTH THE PARTIES ARE AT LIBERTY TO PREFER MISCELLANEOUS APPLICATIONS BEFORE THIS TRIBUNAL FOR RESTORATION OF THESE APPEALS AND IN SUCH EVENT, THE APPEALS SHALL BE RESTORED. THE ASSESSING OFFICER IS DIRECTED TO PASS CONSEQUENTIAL ORDER AS PER CBDT CIRCULAR NO.3/2021 DATED 04.03.2021. 4. IN THE RESULT, APPEALS OF THE ASSESSEES (ITA NO.206-207/SRT/2019 AYS.2013-14 & 2014-15) & (ITA NO.208/SRT/2019 AY 2008-09) ARE DISMISSED AS WITHDRAWN. A COPY OF THE INSTANT COMMON ORDER BE PLACED IN THE RESPECTIVE CASE FILE(S). ORDER IS PRONOUNCED AT THE TIME OF HEARING OF APPEAL ON 26/10/2021 IN THE VIRTUAL COURT OF HEARING. SD/- SD/- (PAWAN SINGH) (DR. A.L. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER SURAT/ / DATE:26/10/2021 DKP, OUTSOURCING SR.P.S. PAGE | 3 ITA NO.206-208/SRT/2019 A.YS. 13-14, 14-15 & 08-09 SH BHAGCHAND JAIN (HUF) & BHAGCHAND JAIN COPY OF THE ORDER FORWARDED TO 1. THE ASSESSEE 2. THE RESPONDENT 3. THE CIT(A) 4. PR.CIT 5. DR/AR, ITAT, SURAT 6. GUARD FILE BY ORDER //TRUE COPY// ASSISTANT REGISTRAR/SR. PS/PS ITAT, SURAT