Jaihind Projects Ltd., Ahmedabad V. The Pr.CIT-2, Ahmedabad

ITA 2218/AHD/2015

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8074 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 5 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 24-07-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: KISHAN VYAS
• Assessee Lawyers: S N DIVETIA
• Section: 143(3); 263; 63; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH (CONDUCTED THROUGH VIRTUAL COURT) BEFORE: SHRI AMARJIT SINGH, ACCOUNTANT MEMBER AND MS. MADHUMITA ROY, JUDIC IAL MEMBER JAIHIND PROJECTS LTD., 3 RD FLOOR, VENUS ATLANTIS CORPORATE PARK, ANAND NAGAR ROAD, VEJALPUR, AHMEDABAD PAN: AAACJ9366R (APPELLANT) VS THE DCIT, CIRCLE-2(1)(2), AHMEDABAD (RESPONDENT) REVENUE BY: SHRI KISHAN VYAS, CIT-D.R. ASSESSEE BY: SHRI S.N. DIVETIA, A.R . DATE OF HEARING : 11-01-2021 DATE OF PRONOUNCEMENT : 12-01-20 21 /ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:- THESE TWO APPEALS FILED BY ASSESSEE A.Y. 2010-11, A RISE FROM ORDER OF THE CIT(A)-2, AHMEDABAD, IN PROCEEDINGS UNDER SECTION 2 63 & 143(3) R.W.S. 263 OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. 2 THE ASSESSEE FILED WRITTEN SUBMISSION TO WITHDRAW THE APPEALS ON THE GROUND THAT HE HAS OPTED TO AVAIL BENEFITS OF VIVAD SE VISHWAS SCHEME, 2020 AND IN HIS SUBMISSION THE ASSESSEE HAS ALSO ENCLOSED TH E COPIES FORM NO. -3 ISSUED BY THE PR. CIT OF INCOME TAX FOR APPROVING THE APPLICA TION FILED BY THE ASSESSEE ITA NOS. 2218/AHD/2015 & 3148/AHD/2016 ASSESSMENT YEAR 2010-11 I.T.A NOS. 2218/AHD/2015 & 3148/AHD/2016 A.Y. 2010-11 PAGE NO JAINHIND PROJECTS LTD. VS. DCIT 2 UNDER THE VIVAD SE VISHWAS SCHEME, 2020. WHEN THE MATTER WAS CALLED FOR HEARING, THE LD. COUNSEL FOR THE ASSESSEE AT THE OU TSET HAS SUBMITTED THAT HE DOES NOT WANT TO PURSUE THE SAID APPEAL SINCE HIS APPLICATIO N UNDER VIVAD SE VISHWAS SCHEME, 2020 HAS BEEN APPROVED BY THE INCOME TAX DE PARTMENT AND REQUESTED THAT HIS APPLICATION FOR WITHDRAWAL OF APPEALS MAY PLEASE BE GRANTED. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW THE APPEALS IN THE CIRCUMSTAN CES NARRATED ON BEHALF OF THE ASSESSEE. 4. WE HAVE CONSIDERED THE SUBMISSION AND APPLICATIO N OF THE ASSESSEE FOR WITHDRAWAL OF THE APPEALS AS HIS APPLICATION HAS BE EN APPROVED UNDER VIVAD SE VISHWAS SCHEME, 2020. A REFERENCE HAS BEEN MADE I N SUB-SECTION (2) & (3) OF SECTION 4 OF DIRECT TAX VIVAD SE VISHWAS SCHEME, 20 20 FOR THE PURPOSE OF WITHDRAWAL OF APPEAL. IN THE LIGHT OF THE PROVISIO N MADE IN THE SCHEME AND AFTER CONSIDERING THE MATERIAL ON RECORD, THE AFORESAID R EQUEST FOR WITHDRAWAL OF APPEALS OF THE ASSESSEE TO AVAIL THE VSV SCHEME, 2020 IN AC CORDANCE WITH LAW IS ALLOWED. HOWEVER, IN CASE, ANY ISSUE IS REMAINED UN-RESOLVED UNDER THE SAID SCHEME, THEN, THE ASSESSEE WILL BE AT LIBERTY TO FILE THE MISCELL ANEOUS APPLICATION TO RECALL THIS ORDER TO RESTORE THE ORIGINAL APPEALS WITHIN THE TI ME LIMIT PROVIDED IN THE ACT. 5. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 12-01-2021 SD/- SD/- (MADHUMITA ROY) (AMARJIT SINGH) JUDICIAL MEMBER A CCOUNTANT MEMBER AHMEDABAD : DATED 12/01/2021 I.T.A NOS. 2218/AHD/2015 & 3148/AHD/2016 A.Y. 2010-11 PAGE NO JAINHIND PROJECTS LTD. VS. DCIT 3 / COPY OF ORDER FORWARDED TO:- 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,