Bakeri Southern Urban Development Pvt. Ltd, Ahmedabad V. The DCIT, Circle-1(1)(1), Ahmedabad

ITA 238/AHD/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 2276 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 7 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-10-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 06-03-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SHAURYA S SHUKLA
• Assessee Lawyers: BHARAT S SHAH
• Section: 271(1)(c)

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL, A BENCH, AHMEDABAD (CONDUCTED THROUGH VIRTUAL COURT AT AHMEDABAD) BEFORE SHRI RAJPAL YADAV, VICE PRESIDENT AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER ./ ITA NOS. 238-239/AHD/2020 / ASSTT. YEAR: 2012-2013 BAKERI SOUTHERN URBAN DEVELOPMENT PVT. LTD., & BAKERI URBAN DEVELOPMENT PVT. LTD., 11, SANSKRUT, 1 ST FLOOR, OLD HIGH COURT, ASHRAM ROAD, NAVRANGPURA, AHMEDABAD-380009. PAN: AAECB3321N & PAN: AAACH4674C VS. D.C.I.T., CIRCLE-2(1)(2), AHMEDABAD. (APPLICANT) (RESPONDENT) ASSESSEE BY : SHRI BHARAT S. SHAH, A.R REVENUE BY : SHRI SHAURYA S. SHUKLA, SR.D.R /DATE OF HEARING : 13/10/2021 /DATE OF PRONOUNCEMENT: 25/10/2021 /O R D E R PER BENCH: THE CAPTIONED TWO APPEALS HAVE BEEN FILED AT THE INSTANCE OF THE ASSESSEE AGAINST THE SEPARATE ORDERS OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)- 1, AHMEDABAD, EVEN DATED 07/01/2020 ARISING IN THE MATTER OF PENALTY ORDER PASSED UNDER S. 271(1)(C) OF THE INCOME TAX ACT, 1961 (HERE-IN-AFTER REFERRED TO AS 'THE ACT') RELEVANT TO THE ASSESSMENT YEAR 2012-2013. ITA NOS.238-239/AHD/2020 ASSTT. YEAR 2012-13 2 2. WHEN THE MATTER WAS CALLED FOR HEARING, IT IS NOTICED THAT THE ASSESSEE HAS FILED A LETTER DATED 30/09/2021 STATING THAT THE ASSESSEE WANTS TO RESOLVE THE ISSUE WITH THE DEPARTMENT BY AVAILING BENEFIT UNDER VIVAD SE VISHWAS SCHEME, AND THEREFORE THE APPEAL OF THE ASSESSEE REQUIRED TO BE WITHDRAWN IN TERMS OF THE SCHEME. THE ASSESSEE HAS FILED COPY OF FORM NO. 3 BEING THE CERTIFICATE ISSUE UNDER SECTION 5(1) OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020. THE LD. DR HAD NO OBJECTION IF THE APPEAL OF THE ASSESSEE IS TREATED TO BE WITHDRAWN IN TERMS OF THE SCHEME OPTED BY THE ASSESSEE. 3. IN THE LIGHT OF THE ABOVE SUBMISSION MADE BY THE ASSESSEE, WE FIND NO REASON TO KEEP THE APPEAL OF THE ASSESSEE PENDING BEFORE THE TRIBUNAL. ACCORDINGLY, THE APPEALS OF THE ASSESSEE STAND DISMISSED. 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 THE ITAT IN ACCORDANCE WITH LAW. 4. IN THE RESULT, THE APPEALS OF THE ASSESSEE ARE DISMISSED UNDER VSV SCHEME. ORDER PRONOUNCED IN THE COURT ON 25/10/2021 AT AHMEDABAD. SD/- SD/- (RAJPAL YADAV) (WASEEM AHMED) VICE PRESIDENT ACCOUNTANT MEMBER (TRUE COPY) AHMEDABAD; DATED 25/10/2021 MANISH