The Varachha Co.Op.Bank Ltd., Surat V. The CIT-(Appeals), Circle-3, Surat

ITA 392/SRT/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4033 (ITAT-SURAT)
• Duration Of Justice: 2 year(s) 1 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-10-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 16-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MRS ANUPMA SINGLA
• Section: 143(3); 6

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. 392/SRT/2019 (AY 2014-15) (H EARING IN VIRTUAL COURT) THE VARACHHA CO-OP BANK LTD.,, 1 ST FLOOR, AFFIL TOWER, L.H. ROAD,VARACHHA, PAN : AABAT 4356 N VS DY.COMMISSIONER OF INCOME TAX, CIRCLE-3(3) AAYKAR BHAWAN,6 ST FLOOR, MAJURA GATE, SURAT, PIN- 395001 APPLICANT / ASSESSEE RESPONDENT / REVENUE ASSESSEE BY SHRI KIRAN K SHAH, C.A REVENUE BY MRS. ANUPMA SINGLA SR. DR DATE OF HEARING 07.10.2021 DATE OF PRONOUNCEMENT 07.10.2021 ORDER UNDER SECTION 254(1) OF INCOME TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER : 1. THIS APPEAL BY ASSESSEE IS DIRECTED AGAINST THE ORDERS OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-3, SURAT, DATED 27.06.2019, WHICH IN TURN ARISE FROM THE ASSESSMENT ORDER UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 DATED 23.11.2016 FOR ASSESSMENT YEAR (AY) 2014-15 . THE APPEAL CAME UP HEARING TODAY I.E. ON 7 TH OCTOBER 2021. THE LEARNED AUTHORISED REPRESENTATIVE (AR) OF THE ASSESSEE HAS FILED AN APPLICATION INTER ALIA STATING THEREIN THAT THE ASSESSEE HAS AVAILED THE BENEFITS OF VIVAD SE VISVAS SCHEME -2020 (VSV- THE VARACHHA CO-OP BANK LTD. ITA NO. 392/SRT/2019 (AY 2014-15) 2 20) AND HAS SETTLED THE DISPUTE WITH DEPARTMENT AND HAS RECEIVED FORM-3 OF VSV-20 BEARING ACKNOWLEDGEMENT NO. 204854710130121 FROM DESIGNATED AUTHORITY. AT THE TIME OF HEARING THE LEARNED AR FOR THE ASSESSEE PRAYED FOR WITHDRAWAL OF APPEAL. 2. ON THE OTHER HAND THE LEARNED SENIOR DEPARTMENTAL REPRESENTATIVE (SR DR) SUBMITS THAT SHE HAS NO OBJECTION IF THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 3. WE HAVE CONSIDERED THE CONTENTS OF THE APPLICATION FILED BY THE ASSESSEE AND THE SUBMISSIONS OF SR DR FOR THE REVENUE. CONSIDERING THE FACTS THAT THE ASSESSEE HAS SETTLED THE DISPUTE WITH THE DEPARTMENT UNDER VSV-20, AND HAS RECEIVED FORM-3 OF VSV -20, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN WITH LIBERTY TO THE ASSESSEE AS WELL AS TO THE REVENUE THAT IN CASE, IF THE APPLICATION PREFERRED BY THE ASSESSEE UNDER VSV-20 DOES NOT GET FINALLY SETTLED FOR ANY REASON WHATSOEVER, THEN BOTH THE PARTIES ARE AT LIBERTY TO PREFER MISCELLANEOUS APPLICATION BEFORE THIS TRIBUNAL FOR RESTORATION OF THIS APPEAL AND IN SUCH EVENT, THE APPEALS SHALL GET RESTORED . THE ASSESSING OFFICER IS DIRECTED TO PASS CONSEQUENTIAL ORDER AS PER CBDT CIRCULAR NO. 3/2021 DATED THE VARACHHA CO-OP BANK LTD. ITA NO. 392/SRT/2019 (AY 2014-15) 3 04.03.2021. IN THE RESULT THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER ANNOUNCED AT THE TIME OF HEARING OF APPEAL ON 7 TH OCTOBER 2021 IN THE VIRTUAL COURT HEARING. SD/- SD/- (DR ARJUN LAL SAINI) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER SURAT, DATED: 07/10/2021 DKP, OUTSOURCING SR.P.S. COPY TO: 1. APPELLANT-THE VARACHHA CO-OP BANK LTD., 1 ST FLOOR, AFFIL TOWER, L.H. ROAD, VARACHHA, SURAT-395006 2. RESPONDENT-DCIT, CIR-3(3), AAYUKAR BHAWAN, 6 ST FLOOR, MAJURA GATE,SURAT-395001 3. CIT(A)-3 SURAT 4. CIT 5. DR 6. GUARD FILE TRUE COPY/ BY ORDER ASSISTANT REGISTRAR, ITAT, SURAT