Ghanshyam Prabhatbhai Patel, Vadodara V. Income Tax Officer, Ward 1(3), Bharuch

ITA 411/SRT/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4043 (ITAT-SURAT)
• Duration Of Justice: 3 year(s) 3 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 28-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANUPAMA SINGLA

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.580/SRT/2018 (AY 2011-12) (H EARING IN VIRTUAL COURT) THE INCOME TAX OFFICER, WARD-5, NAVSARI. VS M/S.SHREEJI FOOD PRODUCTS, BARDOLI ROAD, C/O. DEEP FOOD PRODUCTS, NR.GRID, KABILPORE, NAVSARI. PAN: AAJFS 6876 P ASSESSEE / APPELLANT REVENUE /RESPONDENT ASSESSEE BY NONE. REVENUE BY MS. ANUPAMA SINGLA SR. DR DATE OF HEARING 15 .0 9 .2021 DATE OF PRONOUNCEMENT 15.09.2021 ORDER UNDER SECTION 254(1) OF INCOME TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER: 1. THIS APPEAL BY REVENUE IS DIRECTED AGAINST THE ORDER OF LD.COMMISSIONER OF INCOME TAX(APPEALS), VALSAD DATED 11.06.2018 FOR ASSESSMENT YEAR (AY) 2011-12. THIS APPEAL CAME UP HEARING ON 15 TH SEPTEMBER 2021. THE ASSESSEE HAS ALREADY SUBMITTED APPLICATION IN THE REGISTRY ON 06.07.2021 SUBMITTED THEREIN THAT THE ASSESSEE HAS APPLIED FOR SEEKING THE BENEFITS OF VIVAD SE VISVAS SCHEME -2020 (VSV-20) AND RECEIVED FORM-3 OF VSV-20 FROM DESIGNATED AUTHORITY VIDE CERTIFICATE NO.339351960090421 DATED 09.04.2021. THE ASSESSEE FURTHER REQUESTED FOR WITHDRAW OF HIS APPEAL. NONE APPEARED ON BEHALF OF THE ASSESSEE WHEN APPEAL WAS CALLED FOR HEARING IN VIRTUAL COURT ROOM. ITA NO.580/SRT/2018 FOR A.Y. 2011-12 M/S. SHREEJI FOOD PRODUCTS, NAVSARI 2 2. ON THE OTHER HAND THE LEARNED SENIOR DEPARTMENTAL REPRESENTATIVE (SR. DR) SUBMITS THAT THE HAS NO OBJECTION, IF THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN AS SUGGESTED BY THIS BENCH. 3. WE HAVE CONSIDERED THE SUBMISSIONS OF LD.SR.DR FOR THE REVENUE AND CONSIDERING THE FACTS THAT THE ASSESSEE HAS ALREADY RECEIVED FORM-3 VIDE ACKNOWLEDGEMENT NO.339351960090421 DATED 09.04.2021 FROM DESIGNATED AUTHORITY. HENCE, THE APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN WITH LIBERTY TO THE ASSESSEE AS WELL AS TO THE REVENUE THAT IN CASE, IF THE APPLICATION PREFERRED BY THE ASSESSEE UNDER VSV-20 DOES NOT GET FINALLY SETTLED FOR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 OR ANY FURTHER DIRECTION AND IN SUCH EVENT, THE APPEALS SHALL GET RESTORED . 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN. ORDER ANNOUNCED ON 15 TH SEPTEMBER, 2021 AT THE TIME OF HEARING IN VIRTUAL COURT HEARING. SD/- SD/- (DR ARJUN LAL SAINI) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER SURAT, DATED: 15/09/2021 / SGR* ITA NO.580/SRT/2018 FOR A.Y. 2011-12 M/S. SHREEJI FOOD PRODUCTS, NAVSARI 3 COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR 6. GUARD FILE BY ORDER / / TRUE COPY / / SR.PVT. SECRETARY, ITAT, SURAT