Millennium Holdikngs Pvt. Ltd., Ahmedabad V. The DCIT, Central Circle-1(2), Ahmedabad

ITA 2351/AHD/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9375 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 1 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 03-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: L P JAIN
• Assessee Lawyers: TUSHAR SHAH WITHDRAWAL APPLN

Judgement Text

, C IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD (CONDUCTED THROUGH VIRTUAL COURT) BEFORE SHRI RAJPAL YADAV, VICE-PRESIDENT AND SHRI AMARJIT SINH, ACCOUNTANT MEMBER ITA NO.2351/AHD/2018 / ASSTT.YEAR : 2012-13 MILLENNIUM PARK HOLDINGS P.LTD. B-900, SHAPATH-IV OPP: KARNAVATI CLUB SARKHEJ-GANDHINAGAR HIGHWAY AHMEDABAD. PAN : AACCM 9648 R VS. DCIT, CENT.CIR.1(2) AHMEDABAD. ( APPLICANT ) ( RESPONENT ) ASSESSEE BY : SHRI TUSHAR SHAH (WITHDRAWAL APPLN) REVENUE BY : SHRI L.P. JAIN, SR.DR / DATE OF HEARING : 04/01/2021 / DATE OF PRONOUNCEMENT: 04/01/2021 !'/ O R D E R PER RAJPAL YADAV, VICE-PRESIDENT: THE ABOVE APPEAL FILED BY THE ASSESSEE ARISES FROM ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-11, AHMEDABAD DATED 18.9.2018 FOR ASSESSMENT YEAR 2012-13. 2. WHEN THE MATTER WAS CALLED FOR HEARING, IT IS PO INTED OUT TO THE BENCH THAT THE LD.COUNSEL FOR THE ASSESSEE HAS FILE D AN APPLICATION ON BEHALF OF THE ASSESSEE STATING THAT THE ASSESSEE HA S OPTED FOR VIVAD SE SAMADHAN SCHEME AND THEREFORE SEEKS WITHDRAWAL OF THIS APPEAL. ALONG WITH THE APPLICATION COPIES OF FORM NO.1 AND 2 OF THE SCHEME ALONG WITH ELECTRONIC RECEIPT HAVE BEEN FILED. IN VIEW OF THIS, THE LD.COUNSEL FOR THE ASSESSEE SUBMITTED THAT ASSESSEE DOES NOT WANT TO ITA NO.2351/AHD/2018 2 PURSUE THE SAID APPEAL OWING TO EXERCISE OF OPTION FOR AVAILING VSV SCHEME AND IT HAS COMPLIED WITH THE REQUISITE FORMA LITIES, AND SOUGHT PERMISSION FOR WITHDRAWAL OF APPEAL BEFORE THE TRIB UNAL. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT HE HAS NO OBJECTION FOR WITHDRAWAL OF THE APPEAL BY THE ASSESSEE IN VIEW OF THE APPLICATION OF THE LD.COUNSEL FOR THE A SSESSEE IN THIS BEHALF. 4. IN THE LIGHT OF THE ABOVE SUBMISSION MADE ON BEH ALF OF THE ASSESSEE BY ASSESSEES REPRESENTATIVE, APPEAL OF TH E ASSESSEE STANDS DISMISSED AS WITHDRAWN. HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHEME FOR ANY BONAFIDE REASONS, THEN THE ASSESSEE WILL BE AT LIBERTY TO SEEK RESTORATION OF ORIGINAL APPEAL FOR ADJUDICATION BEFORE ITAT IN ACCORDANCE WITH LAW. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED AS BEING WITHDRAWN UNDER VSV SCHEME. ORDER PRONOUNCED IN THE COURT ON 4 TH JANUARY, 2021 AT AHMEDABAD. S D / - (AMARJIT SINGH) ACCOUNTANT MEMBER S D / - (RAJPAL YADAV) VICE-PRESIDENT