Sawan Engineers Pvt. Ltd., Vadodara V. The ACIT, Circle-4, Baroda

ITA 2368/AHD/2015

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9002 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 4 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 20-04-2020
• Assessment Year: 2011-2012
• Appeal Filed On: 10-08-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: L P JAIN
• Assessee Lawyers: M J SHAH

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.2368/AHD/2015 / ASSTT.YEAR : 2011-12 SAWAN ENGINEERS P.LTD. B-1, SHRINIDHI TOWER OPP: BEENA NAGAR OLD PADRA ROAD VADODARA 390 003. PAN : AAKCS 9876 P VS. ACIT, CIR.4 BARODA. ( APPLICANT ) ( RESPONENT ) ASSESSEE BY : SHRI M.J. SHAH REVENUE BY : SHRI L.P. JAIN, SR.DR / DATE OF HEARING : 06/01/2021 / DATE OF PRONOUNCEMENT: 06/01/2021 !'/ 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)-2, AHMEDABAD D ATED 28.5.20215 FOR ASSESSMENT YEAR 2011-12. 2. WHEN THE MATTER WAS CALLED FOR HEARING, IT IS NO TED THAT THE LD.COUNSEL FOR THE ASSESSEE HAS FILED A LETTER SENT THROUGH EMAIL ATTACHING THEREWITH COPIES FORM NO.1 AND 2 BEING DE CLARATION AND UNDERTAKING FILED BY THE ASSESSEE FOR AVAILING BENE FIT UNDER VIVAD SE SAMADHAN SCHEME. THE SAME ARE TAKEN ON RECORD. IN VIEW OF THIS, THE LD.COUNSEL FOR THE ASSESSEE SUBMITTED ASSESSEE DOES NOT WANT TO PURSUE THE SAID APPEAL OWING TO EXERCISE OF OPTION FOR AVA ILING VSV SCHEME ITA NO.2368/AHD/2015 2 AS IT HAS COMPLIED WITH REQUISITE FORMALITIES, AND SOUGHT PERMISSION FOR WITHDRAWAL OF APPEAL BEFORE THE TRIBUNAL. 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SUBMISSION MADE ON BEH ALF OF THE ASSESSEE BY ASSESSEES REPRESENTATIVE, APPEAL OF TH E ASSESSEE STANDS DISMISSED AS WITHDRAWN.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 6 TH JANUARY, 2021 AT AHMEDABAD. S D / - (AMARJIT SINGH) ACCOUNTANT MEMBER S D / - (RAJPAL YADAV) VICE-PRESIDENT