Milestone Tradelinks Pvt. Ltd., ( in the matter of Anand Trade Movers (Gujarat ) Pvt. Ltd.,), Ahmedabad V. The Income Tax Officer, Ward-1(2), Ahmedabad

ITA 2227/AHD/2015

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5434 (ITAT-AHMEDABAD)
• Duration Of Justice: 6 year(s) 1 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 27-07-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 22

Judgement Text

, C IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD ( CONVENED THROUGH VIRTUAL COURT ) BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER S. NO. APPEAL A.Y. APPELLANT (PAN NO.) RESPONDENT A.R.(SHRI) 1. ITA NO. 2227/AHD/2015 2010-11 MILESTONE TRADELINKS PVT. LTD. (AACCM9423C) ITO WARD-1(2), AHMEDABAD S. N. SOPARKAR WITH SHRI PARIN SHAH REVENUE BY : SHRI ALOK KUMAR, SR. D.R. / DATE OF HEARING 01/09/2021 / DATE OF PRONOUNCEMENT 22/09/2021 / O R D E R PER MS. MADHUMITA ROY, JM: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF I NCOME TAX (APPEALS)-1, AHMEDABAD (CIT(A) IN SHORT), DATED 2 6.05.2015 ARISING IN THE ASSESSMENT ORDER DATED 13.03.2013 PA SSED BY THE ITO, WARD-1(2), AHMEDABAD UNDER SECTION 143(3) OF T HE INCOME TAX ACT, 1961 (THE ACT) CONCERNING AY 2010-11. 2. WHEN THE MATTER WAS CALLED FOR HEARING, IT IS PO INTED OUT TO THE BENCH THAT THE ASSESSEE HAS FILED DECLARATION A ND UNDERTAKING IN FORM NO. 1 AS PER PROVISIONS OF THE DIRECT TAX V IVAD SE VISHWAS ACT, 2020 FOR AVAILMENT OF THE BENEFIT UNDE R THE SCHEME. IN VIEW OF THIS, THE LD. COUNSEL FOR THE ASSESSEE S UBMITTED THAT ASSESSEE DOES NOT WANT TO PURSUE THE SAID APPEAL OW ING TO EXERCISE OF OPTION FOR AVAILING VSV SCHEME AND IT HAS COMPLI ED WITH THE ITA NO. 2227/AHD/15 A.Y. 2010-11 - 2 - REQUISITE FORMALITIES, AND SOUGHT PERMISSION FOR WI THDRAWAL OF APPEAL BEFORE THE TRIBUNAL. THE LD. COUNSEL HAS PL ACED ON RECORD COPY OF FORM NO. 1 AND 2. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW THE APPEALS IN THE CIRCUMSTANCES NARRATED ON BEHALF OF THE ASSESSEE. 4. IN THE LIGHT OF WRITTEN REQUESTS MADE ON BEHALF OF THE CAPTIONED PARTY, THE APPEAL IS DISMISSED AS WITHDRA WN. HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEF IT OF VSV SCHEME FOR ANY BONAFIDE REASONS, THEN THE ASSESSEE CONCERN ED WILL BE AT LIBERTY TO SEEK RESTORATION OF ORIGINAL APPEAL FOR HEARING BEFORE ITAT IN ACCORDANCE WITH LAW. 5. IN THE RESULT, THE CAPTIONED APPEAL IS DISMISSED AS WITHDRAWN. SD/- SD/- (PRADIP KUMAR KEDIA) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: DATED 22/09/2021 TRUE COPY TANMAY / COPY OF ORDER FORWARDED TO:- 1. / REVENUE 2. / ASSESSEE 3. ! ! ' / CONCERNED CIT . ! ! '- $%&' / CIT (A) 5. )*+&! ,-- , ! $%&' ! $ , $/0 / DR, ITAT, AHMEDABAD 6. +23 45' / GUARD FILE. BY ORDER / , 6%//! %& ! $%&' ! $ , $/0 7 1.DATE OF DICTATION ON 21.09.2021 AS PER VSVA F ORMAT 2.DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE TH E DICTATING MEMBER 21.09.2021 3.DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S./P.S. .09.2021 4.DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT .09.2021 5.DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR .P.S./P.S 22 .09.2021 6.DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 22 .09.2021 7.DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8.THE DATE ON WHICH THE FILE GOES TO THE ASSTT. REG ISTRAR FOR SIGNATURE ON THE ORDER 9.DATE OF DESPATCH OF THE ORDER THIS ORDER PRONOUNCED ON 22/09/2021