Sarna Chemicals Pvt.Ltd., Vapi V. The ACIT, Vapi Circle, Vapi

ITA 328/SRT/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2679 (ITAT-SURAT)
• Duration Of Justice: 3 year(s) 1 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 01-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANUPMA SINGLA
• Assessee Lawyers: A GOPALAKRISHNA
• Keywords: Validity of assessment; Tax effect
• Section: 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND DR ARJUN LAL SAINI, ACCOUNTANT MEMBER ITA NO.328/SRT/2018 (AY 2009-10) ITA NO.329/SRT/2018 (AY 2010-11) ITA NO.330/SRT/2018 (AY 2011-12) ITA NO.331/SRT/2018 (AY 2012-13) ITA NO.332/SRT/2018 (AY 2013-14) (H EARING IN VIRTUAL COURT) SARNA CHEMICALS PVT. LTD., PLOT NO. 805, 2 & 3, PHASE- III, GIDC, VAPI-396195, GUJARAT. PAN: AADCS4427R VS ACIT, VAPI CIRCLE, FORTUNE SQUARE- II, 7 TH FLOOR, ROOM NO. 704, DAMAN ROAD, CHALA, VAPI-396191. APPLICANT /REVENUE RESPONDENT /ASSESSEE ASSESSEE BY SH. A. GOPALAKRISHNA CA REVENUE BY MS. ANUPMA SINGLA SR. DR DATE OF HEARING 23.06.2021 DATE OF PRONOUNCEMENT 23.06.2021 ORDER UNDER SECTION 254(1) OF INCOME TAX ACT PER BENCH: 1. THESE APPEALS BY ASSESSEE UNDER SECTION 253 OF INCOME TAX ACT ARE DIRECTED AGAINST THE COMMON ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS), [CIT(A)], VALSAD DATED 26.02.2018 FOR ASSESSMENT YEARS 2009-10 TO 2013- 14 RESPECTIVELY. WE FIND THAT THE ASSESSEE HAS FILED APPLICATIONS FOR WITHDRAWAL OF ALL THE APPEALS VIDE APPLICATIONS DATED 16.06.2021 DIGITALLY SIGNED BY ONE OF THE DIRECTOR OF ASSESSEE COMPANY. 2. THE LD. AUTHORIZED REPRESENTATIVE (AR) OF THE ASSESSEE SUBMITS THAT AS PER INSTRUCTION OF DIRECTOR OF ASSESSEE, HE MAY BE ALLOW TO WITHDRAW ALL THE ITA NO. 328 TO 332 SRT 2018-SARNA CHEMICALS PVT. LTD 2 APPEALS BEARING ITA NOS. 328 TO 332/SRT/2018 FOR AY 2009-10 TO 2013-14. THE LD. AR FURTHER SUBMITS THAT IN ALL APPEALS THE ASSESSEE HAS CHALLENGED THE VALIDITY OF ASSESSMENT UNDER SECTION 147 OF THE ACT. IT WAS SUBMITTED THAT THE SUBSTANTIVE ADDITIONS WERE DELETED BY LD. CIT(A). THE REVENUE FILED APPEAL CROSS APPEAL FOR ALL ASSESSMENT YEARS CHALLENGING THE DELETING OF ADDITION, HOWEVER, THE APPEAL FILED BY THE REVENUE IN ALL ASSESSMENT YEARS (ITA NO. 333 TO 338/SRT/2018 HAS ALREADY BEEN DISMISSED BY THIS TRIBUNAL DUE TO THE MONETARY LIMIT OF TAX EFFECT OF RS. 50,00,000/- AS PRESCRIBED BY CENTRAL BOARD OF DIRECT TAXES (CBDT) CIRCULAR NO. NO.17/2019 DATED 8 TH AUGUST 2019, FOR FILING APPEALS BEFORE TRIBUNAL. THEREFORE, ALL THE APPEALS FILED BY ASSESSEE HAVE BECOME INFRUCTUOUS AND IS LIABLE TO BE DISMISSED. 3. ON THE OTHER HAND, THE LD. DEPARTMENTAL REPRESENTATIVE (DR) FOR THE REVENUE HAS NO OBJECTION, IF ALL THE APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN. 4. WE HAVE CONSIDERED THE SUBMISSIONS OF BOTH THE PARTIES AND HAVE SEEN THE CONTENTS OF THE APPLICATION FOR WITHDRAWAL OF APPEAL DATED 16.06.2021. CONSIDERING THE SUBMISSIONS OF BOTH THE LD. REPRESENTATIVES OF THE PARTIES, ALL THE APPEAL OF ASSESSEE ARE DISMISSED AS WITHDRAWN. IN THE RESULT, ALL THE APPEALS OF ASSESSEE ARE DISMISSED AS WITHDRAWN. NO ORDER AS TO COST. ITA NO. 328 TO 332 SRT 2018-SARNA CHEMICALS PVT. LTD 3 ORDER ANNOUNCED ON 23 RD JUNE 2021 IN THE VIRTUAL COURT AT THE TIME OF HEARING. SD/- SD/- (DR ARJUN LAL SAINI) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER SURAT, DATED: 23/06/2021 SK, PS COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR 6. GUARD FILE BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR, ITAT, SURAT