Nirma Limited, Ahmedabad V. The ACIT.,Circle-5, Ahmedabad

ITA 2328/AHD/2014

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4460 (ITAT-AHMEDABAD)
• Duration Of Justice: 7 year(s) 1 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 18-10-2021
• Assessment Year: 2002-2003
• Appeal Filed On: 13-08-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH (CONDUCTED THROUGH VIRTUAL COURT) BEFORE: SHRI AMARJIT SINGH, ACCOUNTANT MEMBER AND MS. MADHUMITA ROY, JUDICIAL MEMBER NIRMA LTD. NIRMA HOUSE, ASHRAM ROAD, AHMEDABAD PAN: AAACN5350K (APPELLANT) VS THE ACIT, CIRCLE-5, AHMEDABAD (RESPONDENT) REVENUE BY: SHRI PURUSHOTTAM KUMAR, SR. D.R . ASSESSEE BY: SHRI HIMANSHU SHAH, A .R. DATE OF HEARING : 30-09-2021 DATE OF PRONOUNCEMENT : 30-09-2 021 /ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:- THESE TWO ASSESSEES APPEALS FOR A.Y. 2002-03, ARIS E FROM ORDER OF THE CIT(A)-X1, AHMEDABAD, IN PROCEEDINGS UNDER SEC TION 143(3) & 154(1)(A) OF THE INCOME TAX ACT, 1961; IN SHORT TH E ACT. 2. THE ASSESSEE FILED WRITTEN SUBMISSION TO WITHDRAW THE APPEALS ON THE GROUND THAT HE HAS OPTED TO AVAIL BENEFITS OF V IVAD SE VISHWAS ITA NOS. 895/AHD/2013 & 2328/AHD/2014 ASSESSMENT YEAR 2002-03 I.T.A NOS. 895/AHD/2013 & 2328/AHD14 A.Y. 2002 -03 PAGE NO NIRMA LTD. VS. ACIT 2 SCHEME, 2020 AND IN HIS SUBMISSION THE ASSESSEE HAS ALSO ENCLOSED THE COPIES FORM NO. -3 ISSUED BY THE PR. CIT OF INCOME TAX FOR APPROVING THE APPLICATION FILED BY THE ASSESSEE UNDER THE VIV AD SE VISHWAS SCHEME, 2020. WHEN THE MATTER WAS CALLED FOR HEARI NG, THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET HAS SUBMITTED THAT H E DOES NOT WANT TO PURSUE THE SAID APPEALS SINCE HIS APPLICATION UNDER VIVAD SE VISHWAS SCHEME, 2020 HAS BEEN APPROVED BY THE INCOME TAX DE PARTMENT AND REQUESTED THAT HIS APPLICATION FOR WITHDRAWAL OF AP PEALS 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 CIRCUMSTANCES 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 APPLI CATION HAS BEEN APPROVED UNDER VIVAD SE VISHWAS SCHEME, 2020. A R EFERENCE HAS BEEN MADE IN SUB-SECTION (2) & (3) OF SECTION 4 OF DIRECT TAX VIVAD SE VISHWAS SCHEME, 2020 FOR THE PURPOSE OF WITHDRAWAL OF APPEAL. IN THE LIGHT OF THE PROVISION MADE IN THE SCHEME AND AFTER CONSIDERING THE MATERIAL ON RECORD, THE AFORESAID REQUEST FOR WITHD RAWAL OF APPEALS OF THE ASSESSEE TO AVAIL THE VSV SCHEME, 2020 IN ACCOR DANCE WITH LAW IS ALLOWED. HOWEVER, IN CASE, ANY ISSUE IS REMAINED U N-RESOLVED UNDER THE SAID SCHEME, THEN, THE ASSESSEE WILL BE AT LIBE RTY TO FILE THE I.T.A NOS. 895/AHD/2013 & 2328/AHD14 A.Y. 2002 -03 PAGE NO NIRMA LTD. VS. ACIT 3 MISCELLANEOUS APPLICATION TO RECALL THIS ORDER TO R ESTORE THE ORIGINAL APPEALS WITHIN THE TIME 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 30-09-2021 SD/- SD/- (MADHUMITA ROY) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 30/09/2021 / COPY OF ORDER FORWARDED TO:- 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,