M/s. Raj Builders, Ahmedabad V. The Asstt. Commissioner of Income Tax, Circel-2(2), Ahmedabad

ITA 3463/AHD/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9057 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 year(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 27-04-2020
• Assessment Year: 2012-2013
• Appeal Filed On: 21-12-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: LALIT P JAIN
• Section: 143(3); 13

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL , B BENCH, AHMEDABAD (CONDUCTED THROUGH VIRTUAL COURT AT AHMEDABAD) BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER AND SHRI WASEEM AHMED , ACCOUNTANT MEMBER ./ ITA NO. 3463/AHD/2016 / ASSTT. YEAR: 2012 - 2013 M/S RAJ BUILDERS , NISHAN STATUS , NR. ANAND PARTY PLOT , GST CROSSING, NEW RANIP, AHMEDABAD - 382470 . PAN : AAMFR2238K VS. A.C.I.T , CIRCLE - 2(2) , AHMEDABAD . (APPLICANT) ( RESPON D ENT ) ASSESSEE BY : SHRI MANISH J. SHAH , A.R REVENUE BY : SHRI LALIT P. JAIN , SR .D. R / DATE OF HEARING : 15 / 12 / 2020 / DATE OF PRONOUNCEMENT: 04 / 01/2021 / O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE ASSESSEE A GAINST THE ORDER OF THE LEARNED COMM ISSIONER OF INCOME TAX (APPEALS) - 10 , AHMEDABAD , DATED 06/09/2016 ARISING IN THE MATTER OF ASSESSMENT ORDER PASSED UNDER S. 143(3) OF THE INCOME TAX ACT, 1961 ( HERE - IN - AFTER REFERRED TO AS 'THE ACT') RELEVANT TO THE ASSESSMENT YEAR 2012 - 20 13 . ITA NO.3463/AHD/2016 ASSTT. YEAR 2012 - 13 2 2. WHEN THE CASE WAS CALLED FOR HEARING, THE LD.COUNSEL FOR T HE ASSESSEE FILED AN APPLICATION DATED 15/12/2020 SEEKING ADJOURNMENT ON THE GROUND THAT ASSESSEE IS LOOKING FOR AVAILING BENEFIT UNDER VIVAD SE VISHWAS ( VSV ). HE SUBMITTED THAT OWING TO THIS FACT THAT APPLICATION FOR EXERCISE OF OPTION FOR AVAILING VIVA D SE VISHWAS SCHEME IS UNDER PROCESS AND IT DOES NOT WANT TO PURSUE IT S APPEAL, ASSESSEE MAY BE PERMITTED TO WITHDRAW ITS APPEAL. 3. THE LD.DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE STATED THAT HE HAS NO OBJECTION FOR WITHDRAWAL OF THE APPEAL BY THE ASSESSEE, IN THE CIRCUMSTANCES NARRATED ON BEHALF OF THE ASSESSEE. 4. IN THE LIGHT OF ABOVE SUBMISSION OF BOTH THE PARTIES APPEAL FILED BY THE ASSESSEE STAND DISMISSED AS WITHDRAWN. HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHEME FOR ANY BONAFIDE REASON, THEN THE ASSESSEE WILL BE AT LIBERTY TO SEEK RESTORATION OF ORIGINAL APPEAL FOR ADJUDICATION BEFORE ITAT IN ACCORDANCE WITH LAW. 5. IN THE RESULT , THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS BEING WITHDRAWN UNDER VSV SCHEME . O RDER PRONOUNCED IN THE COURT ON 04 /01 / 2021 AT AHMEDABAD. SD/ - SD/ - (MAHAVIR PRASAD ) (WASEEM AHMED) JUDICIAL MEMBER ACCOUNTANT MEMBER (TRU E COPY) A HMEDABAD; DATED 04 / 01/2021 M ANISH