Simalin Chemical Industries Pvt. Ltd., Baroda V. The ACIT, Circle-4, Baroda

ITA 2941/AHD/2014

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5879 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 10 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-09-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 26-03-2020
• Assessment Year: 2007-2008
• Appeal Filed On: 07-11-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH (VIRTUAL COURT) BEFORE: SHRI MAHAVIR PRASAD, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER SIMALIN CHEMICAL INDUSTRIES PVT. LTD. 409, PREMIER CHAMBERS, R.C. DUTT ROAD, ALKAPURI, BARODA PAN: AACCS5496H (APPELLANT) VS ACIT, CIRCLE-4, BARODA (RESPONDENT) REVENUE BY: SHRI DILEEP KUMAR, SR. D.R. ASSESSEE BY: SHRI BANDISH SOPARKAR, A.R. DATE OF HEARING : 22-09-2020 DATE OF PRONOUNCEMENT : 22-09-2020 /ORDER PER BENCH:- THESE FOUR APPEALS FILED BY ASSESSEE FOR A.Y. 2007 -08 TO 2010-11, ARISE FROM ORDER OF THE CIT(A)-III, BARODA DATED 13-08-20 14, IN PROCEEDINGS UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961; IN S HORT THE ACT. 2 THE ASSESSEE FILED WRITTEN SUBMISSION TO WITHDRAW THE APPEALS ON THE GROUND THAT IT HAS OPTED TO AVAIL BENEFITS OF VIVAD SE VISHWAS SCHEME, 2020 AND IN ITS SUBMISSION THE ASSESSEEE HAS ALSO ENCLOSED T HE COPIES FORM NO. -3 ISSUED BY THE PR. CIT OF INCOME TAX FOR APPROVING THE APPLICA TION FILED BY THE ASSESSEE UNDER THE VIVAD SE VISHWAS SCHEME, 2020. WHEN THE MATTER WAS CALLED FOR ITA NO. 2941 TO 2944/AHD/2014 A.Y. 2007-08 TO 2010-11 I.T.A NOS. 2941 TO 2944/AHD/2014 A.Y. 2007-08 TO 2010-11 PAGE NO SIMALIN CHEMICAL INDUSTRIES PVT. LTD. VS. ACIT 2 HEARING, THE LD. COUNSEL FOR THE ASSESSEE AT THE OU TSET HAS SUBMITTED THAT IT DOES NOT WANT TO PURSUE THE SAID APPEALS SINCE THE APPLICATI ON UNDER VIVAD SE VISHWAS SCHEME, 2020 HAS BEEN APPROVED BY THE INCOME TAX DE PARTMENT AND REQUESTED THAT ITS APPLICATION FOR WITHDRAWAL OF APPEALS MAY PLEASE BE GRANTED. 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. 4. WE HAVE CONSIDERED THE SUBMISSION AND APPLICATIO N OF THE ASSESSEE FOR WITHDRAWAL OF THE APPEALS AS ITS APPLICATION HAS BE EN APPROVED UNDER VIVAD SE VISHWAS SCHEME, 2020. A REFERENCE HAS BEEN MADE I N SUB-SECTION (2) & (3) OF SECTION 4 OF DIRECT TAX VIVAD SE VISHWAS SCHEME, 20 20 FOR THE PURPOSE OF WITHDRAWAL OF APPEALS. IN THE LIGHT OF THE PROVISI ON MADE IN THE SCHEME AND AFTER CONSIDERING THE MATERIAL ON RECORD, THE AFORESAID R EQUEST FOR WITHDRAWAL OF APPEALS OF THE ASSESSEE TO AVAIL THE VSV SCHEME, 2020 IN AC CORDANCE WITH LAW IS ALLOWED. HOWEVER, IN CASE, ANY ISSUE IS REMAINED UN-RESOLVED UNDER THE SAID SCHEME, THEN, THE ASSESSEE WILL BE AT LIBERTY TO FILE THE MISCELL ANEOUS APPLICATION TO RECALL THIS ORDER TO RESTORE THE ORIGINAL APPEALS WITHIN THE TI ME LIMIT PROVIDED IN THE ACT. 5. IN THE RESULT, ALL THE FOUR APPEALS FILED BY ASS ESSEE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 22-09-2020 SD/- SD/- (MAHAVIR PRASAD) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 22/09/2020 I.T.A NOS. 2941 TO 2944/AHD/2014 A.Y. 2007-08 TO 2010-11 PAGE NO SIMALIN CHEMICAL INDUSTRIES PVT. LTD. VS. ACIT 3 / COPY OF ORDER FORWARDED TO:- 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,