The Dy. Commr. of Income Tax, Circle-1(1), RAJKOT-GUJARAT V. M/s Kasuma Auto Engineering P. Ltd., RAJKOT-GUJARAT

ITA 402/RJT/2016

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 8716 (ITAT-RAJKOT)
• Duration Of Justice: 4 year(s) 9 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-07-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 23-06-2021
• Assessment Year: 2009-2010
• Appeal Filed On: 26-10-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT BEFORE: SHRI MAHAVIR PRASAD, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUN TANT MEMBER [CONDUCTED THROUGH E-COURT AT AH MEDABAD] THE DCIT, CIRCLE-1(1), RAJKOT (APPELLANT) VS M/S. KASUMA AUTO ENTERPRISE PVT. LTD. MAHAVIR INDUSTRIAL ESTATE, SURVEY NO. 219, PLOT NO. 4/5/6/18, VERAVAL (SHAPAR) PAN: AAACK8894R (RESPONDENT) REVENUE BY: SHRI OM PRAKASH, CIT-D.R. ASSESSEE BY: SHRI VIMAL DESAI, A.R. DATE OF HEARING : 23-06-2021 DATE OF PRONOUNCEMENT : 27-07- 2021 /ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:- THIS REVENUES APPEAL FOR A.Y. 2009-10, ARISES FRO M ORDER OF THE CIT(A), IN PROCEEDINGS UNDER INCOME TAX ACT, 1961; IN SHORT THE ACT. 2. THE ASSESSEE FILED WRITTEN SUBMISSION TO WITHDRA W THE APPEAL ON THE GROUND THAT SHE HAS OPTED TO AVAIL BENEFITS OF VIVAD SE VI SHWAS SCHEME, 2020. WHEN THE MATTER WAS CALLED FOR HEARING, THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET HAS ITA NO. 402/RJT/2016 ASSESSMENT YEAR 2009-10 I.T.A NO. 402/RJT/2016 A.Y. 2009-10 PAGE NO DCIT VS. M/S. KASUMA AUTO ENGINEERING PVT. LTD. 2 SUBMITTED THAT HE DOES NOT WANT TO PURSUE THE SAID APPEAL AND REQUESTED THAT APPLICATION FOR WITHDRAWAL OF APPEAL MAY PLEASE BE GRANTED. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW THE APPEAL IN THE CIRCUMSTANC ES NARRATED ON BEHALF OF THE ASSESSEE. 4. WE HAVE CONSIDERED THE SUBMISSION AND APPLICATIO N OF THE ASSESSEE FOR WITHDRAWAL OF THE APPEAL. A REFERENCE HAS BEEN MA DE IN SUB-SECTION (2) & (3) OF SECTION 4 OF DIRECT TAX VIVAD SE VISHWAS SCHEME, 20 20 FOR THE PURPOSE OF WITHDRAWAL OF APPEAL. DURING THE COURSE OF APPELLA TE PROCEEDINGS BEFORE US, THE LD. DEPARTMENTAL REPRESENTATIVE IS ASKED TO FILE TH E CONFIRMATION OF PAYMENT OF TAXES, IF ANY, IN RESPECT OF THE ASSESSEE. IN RESP ONSE, THE LD. DEPARTMENTAL REPRESENTATIVE SUBMITTED THE APPROVAL OF NOC FOR WI THDRAWAL OF APPEAL VIDE LETTER NO. PR. CIT-1/RJT/HQ/NOC-KASUMA/2021-22/97 DATED 20 -07-2021. IN THE LIGHT OF THE PROVISION MADE IN THE SCHEME AN D AFTER CONSIDERING THE MATERIAL ON RECORD, THE AFORESAID REQUEST FOR WITHD RAWAL OF APPEAL OF THE REVENUE TO AVAIL THE VSV SCHEME, 2020 IN ACCORDANCE WITH LAW I S ALLOWED. HOWEVER, IN CASE, ANY ISSUE IS REMAINED UN-RESOLVED UNDER THE S AID SCHEME, THEN, THE ASSESSEE/REVENUE WILL BE AT LIBERTY TO FILE THE MIS CELLANEOUS APPLICATIONS TO RECALL THIS ORDER TO RESTORE THE ORIGINAL APPEAL WITHIN TH E TIME LIMIT PROVIDED IN THE ACT. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 27-07-2021 SD/- SD/- (MAHAVIR PRASAD) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER I.T.A NO. 402/RJT/2016 A.Y. 2009-10 PAGE NO DCIT VS. M/S. KASUMA AUTO ENGINEERING PVT. LTD. 3 AHMEDABAD : DATED 27/07/2021 / COPY OF ORDER FORWARDED TO:- 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER, ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, RAJKOT