M/s. Bhavani Industries, Ahmedabad V. The Dy. CIT, Circle-3, Ahmedabad

ITA 2447/AHD/2014

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3776 (ITAT-AHMEDABAD)
• Duration Of Justice: 6 year(s) 8 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 03-09-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: L P JAIN
• Assessee Lawyers: M K PATEL

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL, C BENCH, AHMEDABAD (CONDUCTED THROUGH VIRTUAL COURT AT AHMEDABAD) BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND MS MADHUMITA ROY, JUDICIAL MEMBER (APPLICANT) (RESPONDENT) ASSESSEE BY : SHRI M.K. PATEL, A.R REVENUE BY : SHRI L.P. JAIN, SR.D.R /DATE OF HEARING : 31/05/2021 /DATE OF PRONOUNCEMENT: 31/05/2021 /O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER: THE CAPTIONED APPEALS HAVE BEEN FILED AT THE INSTANCE OF THE ASSESSE AGAINST THE SEPARATE ORDERS OF THE LEARNED COMMISSIONER OF INCOME TAX(APPEALS) AHMEDABAD, INVOLVING THE RESPECTIVE ASSESSMENT YEARS. SL. NO(S) ITA NO(S) ASSET. YEAR(S) APPEAL(S) BY APPELLANT VS. RESPONDENT APPELLANT RESPONDENT 1. 2447 /AHD/2014 2005 - 06 M/S.BHAVANI INDUSTRIES, PLOT NO.324/1/2/A, G.I.D.C. ESTATE, PHASE-1, B/D LIONS SCHOOL NARODA, AHMEDABAD. PAN NO. AAEFA3405E D.C.I.T, CIRCLE-3, AHMEDABAD. 2. 2445/AHD/2014 2007 - 08 M/S.BHAVANI INDUSTRIES, AHMEDABAD. D.C.I.T, CIRCLE-3, AHMEDABAD. 3. 1719/AHD/2014 2009 - 10 M/S.BHAVANI INDUSTRIES, AHMEDABAD. A .C.I.T, CIRCLE-3, AHMEDABAD. 4 - 5 2449/AHD/2014 & 2450/AHD/2014 2008 - 09 & 2010-11 M/S.BHAVANI INDUSTRIES, AHMEDABAD. D.C.I.T, CIRCLE-3, AHMEDABAD. ITA NO.2447/AHD/2014 & 4 OTHERS ASSTT. YEAR 2005-06 2 2. THE ASSESSEES HAVE SOUGHT TO WITHDRAW THE APPEALS LISTED ABOVE ON THE GROUND THAT THEY HAVE OPTED TO AVAIL BENEFITS OF VIVAD SE VISHWAS SCHEME, 2020 (VSV). WHEN THE MATTER WAS CALLED FOR HEARING, THE LD. COUNSELS FOR THE ASSESSEE AT THE OUTSET HAVE SUBMITTED THAT THEY DO NOT SEEK TO PURSUE THE SAID APPEALS OWING TO EXERCISE OF OPTION FOR AVAILING VSV SCHEME AND CONSEQUENTLY REQUESTED THAT THEIR APPLICATIONS FOR WITHDRAWAL OF APPEALS MAY PLEASE BE GRANTED. REFERENCE WAS ALSO MADE TO WRITTEN REQUESTS IN THIS REGARD. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW THE APPEALS IN THE CIRCUMSTANCES NARRATED ON BEHALF OF THE ASSESSEE. 4. IN THE LIGHT OF ORAL/WRITTEN REQUESTS MADE ON BEHALF OF THE CAPTIONED PARTIES, ALL THE APPEALS ARE DISMISSED AS WITHDRAWN. HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHEME FOR ANY BONAFIDE REASONS, THEN THE ASSESSEE CONCERNED WILL BE AT LIBERTY TO SEEK RESTORATION OF ORIGINAL APPEALS FOR HEARING BEFORE ITAT IN ACCORDANCE WITH LAW. 5. IN THE RESULT, THE APPEALS OF THE ASSESSEE ARE DISMISSED UNDER VSV SCHEME. ORDER PRONOUNCED IN THE COURT ON 31/05/2021 AT AHMEDABAD. SD/- SD/- (MADHUMITA ROY) (WASEEM AHMED) JUDICIAL MEMBER ACCOUNTANT MEMBER (TRUE COPY) AHMEDABAD; DATED 31/05/2021 MANISH