The DY. CIT.,(OSD)-I, Circle-4, Ahmedabad V. Marck Biosciences Ltd., Ahmedabad

ITA 2695/AHD/2014

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5135 (ITAT-AHMEDABAD)
• Duration Of Justice: 6 year(s) 11 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-09-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 21-09-2021
• Assessment Year: 2008-2009
• Appeal Filed On: 07-10-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PURSHOTTAM KUMAR
• Assessee Lawyers: S N SOPARKARSR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH (CONDUCTED THROUGH VIRTUAL COURT) BEFORE: SHRI MAHAVIR PRASAD, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEM BER THE DY. CIT(OSD)-I, CIRCLE-4, AHMEDABAD (APPELLANT) VS MARK BIOSCIENCES, 5 TH FLOOR, HERITAGE, NR. GUJARAT VIDYAPITH ASHRAM ROAD, AHMEDABAD-300013 PAN: AABCM0366P (RESPONDENT) REVENUE BY: SHRI PURSHOTTAM KUMAR, SR. D.R. ASSESSEE BY: SHRI S.N. SOPARKAR, SR . A.R. & SHRI PARIN SHAH , A.R. DATE OF HEARING : 16-09-2021 DATE OF PRONOUNCEMENT : 23-09-2021 /ORDER PER BENCH:- THESE TWO APPEALS FILED BY THE REVENUE, ARISE FROM ORDER OF THE CIT(A), IN PROCEEDINGS UNDER INCOME TAX ACT, 1961; IN SHORT T HE ACT. 2. THE ASSESSEE FILED WRITTEN SUBMISSION TO WITHDRA W THE APPEALS ON THE GROUND THAT HE HAS OPTED TO AVAIL BENEFITS OF VIVAD SE VISHWAS 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 VIVAD SE VISHWAS SCHEME, 2020. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW THE APPEALS IN THE CIRCUMSTAN CES NARRATED ON BEHALF OF THE ASSESSEE. ITA NOS. 2695 & 2696 /AHD/2014 ASSESSMENT YEAR 2008-09 I.T.A NOS. 2695 & 2696/AHD/2014 A.Y. 2008-0 9 PAGE NO DY. CIT(OSD) VS. MARCK BIOSCIENCES LTD. 2 4. THE ASSESSEE HAS FILED COPY OF FORM -3 AND COPY OF TAX PAYER COUNTERFOIL OF PAYMENT OF TAX ALONG WITH THE APPLICATION OF OPTING FOR VIVAD SE VISWAS SCHEME. WE HAVE CONSIDERED THE SUBMISSION AND APPLICATION OF T HE ASSESSEE FOR WITHDRAWAL OF THE APPEALS AS HIS APPLICATION HAS BEEN APPROVED UNDER VIVAD SE VISHWAS SCHEME, 2020. A REFERENCE 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 WITHDRAWAL OF APPEALS OF THE REVENUE TO AVAIL THE VSV SCHEME, 2020 IN ACCORDANCE WITH LAW IS ALLOWED. HOWEVER, IN CASE, ANY ISSUE IS REMAINED UN-RESOLVED UNDER THE SAID SCHEME, THEN, THE ASSESSEE/REVENUE W ILL BE AT LIBERTY TO FILE THE 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 ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 23-09-2021 SD/- SD/- (MAHAVIR PRASAD) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 23/09/2021 / COPY OF ORDER FORWARDED TO:- 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,