CMR Life Science Pvt. Ltd., Ahmedabad V. DCIT, Circle-1(1)(2), Ahmedabad

ITA 422/AHD/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6210 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 11 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-01-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 21-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S S SHUKLA

Judgement Text

, A IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD (CONDUCTED THROUGH VIRTUAL COURT) BEFORE SHRI RAJPAL YADAV, VICE-PRESIDENT AND SHRI AMARJIT SINH, ACCOUNTANT MEMBER ITA NO.422/AHD/2018 / ASSTT.YEAR : 2013-14 CMR LIFE SCIENCE P.LTD. 505-07-17, MATRIX TOWER NR.VADAFONE TOWER B/H. DIVYABHASKAR CORPORATION ROAD PRAHALADNAGAR, AHMEDABAD. PAN : AAECC 3350 J VS. DCIT, CIR.1(1)(2) AHMEDABAD. ( APPLICANT ) ( RESPONENT ) ASSESSEE BY : WITHDRAWAL APPLICATION REVENUE BY : SHRI S.S. SHUKLA, SR.DR / DATE OF HEARING : 27/01/2021 / DATE OF PRONOUNCEMENT: 27/01/2021 !'/ O R D E R PER RAJPAL YADAV, VICE-PRESIDENT: THE ABOVE APPEAL FILED BY THE ASSESSEE ARISES FROM ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-1, AHMEDABAD D ATED 23.10.2017 FOR ASSESSMENT YEAR 2013-14. 2. WHEN THE MATTER WAS CALLED FOR HEARING, IT IS NO TICED THAT THE ASSESSEE HAS FILED A LETTER DATED 25.1.2021 REQUEST ING FOR WITHDRAWAL OF ITS APPEALS IN VIEW OF EXERCISE OF OPTION TO SETTLE THE ISSUE UNDER VAVAAD SE VISHWAS SCHEME, 2020. COPY OF FORM NO.1 D ATED 10.7.2020 FOR FILING DECLARATION AND UNDERTAKING IN FORM NO.2 FILED UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 ARE ALS O PLACED ON RECORD. IN OTHER WORDS, THE ASSESSEE WANTS TO RESO LVE THE ISSUE WITH ITA NO.422/AHD/2018 2 THE DEPARTMENT BY AVAILING BENEFIT UNDER VIVAD SE V ISHWAS SCHEME, AND NECESSARY FORMALITIES HAVE BEEN COMPLETED, AND THEREFORE, THE APPEAL OF THE ASSESSEE REQUIRES TO BE WITHDRAWN IN TERMS OF SCHEME. THE LETTER OF THE ASSESSEE DATED 25.1.2021 READS AS UNDER: JANUARY 25, 2021 TO, THE HON'BLE ITAT- BENCH A, 4TH FLOOR ABHINAV ARCADE, PRITAM NAGAR, AHMEDABAD PAN: AAECC3350J A.Y.: 2013-14 ASSESSEE: CMR LIFE SCIENCE PRIVATE LTD. APPEALNO.:422/AI/18 RESPECTED SIR, SUB: ADJOURNMENT IN THE AFORESAID CASE. WE WOULD LIKE TO BRING IT TO YOUR KIND ATTENTION TH AT THE APPELLANT ASSESSEE HAS FILED A DECLARATION UNDER VIVAAD SE VI SHVAS SCHEME, 2020 FOR THE ASSESSMENT YEAR 2013-14. THE ASSESSEE HEREBY OPTS TO PAY THE TAX UNDER THE SAID SCHEME. THE SAID DECLARA TION HAS BEEN FILED ON 10.07.2020 WITH ACKNOWLEDGEMENT NO. 391256 411100720. THE DECLARATION FORM HAS BEEN ATTACHED IN ANNEXURE- L FOR YOUR KIND PERUSAL. THE APPELLANT ASSESSEE HEREBY REQUESTS YOU TO KINDLY STAY THE APPELLATE PROCEEDINGS AND WE WILL PROVIDE YOU T HE COPY OF FORM- 3 I.E. CERTIFICATE BY THE DESIGNATED AUTHORITY UNDE R VIVAAD SE VISHWAS SCHEME WHENEVER ISSUED. THE APPELLANT ASSES SEE WILL WITHDRAW THE APPEAL ONCE THE PROCEDURE UNDER VIVAAD SE VISHWAS SCHEME WILL BE COMPLETED. THANK YOU FOR, CMR LIFE SCIENCE PRIVATE LTD. SD/- (A.R.) ITA NO.422/AHD/2018 3 THE LD.DR HAS NO OBJECTION IF THE APPEAL OF THE ASS ESSEE IS TREATED TO BE WITHDRAWN IN TERMS OF SCHEME OPTED BY THE ASSESS EE. 3. IN THE LIGHT OF THE ABOVE SUBMISSION MADE BY ASS ESSEE, WE FIND NO REASON TO KEEP PENDING APPEAL OF THE ASSESSEE BE FORE THE TRIBUNAL. ACCORDINGLY, THE APPEAL OF THE ASSESSEE STANDS DISM ISSED. HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHEME FOR ANY REASONS, THEN THE ASSESSEE WILL BE AT LIBERTY T O SEEK RESTORATION OF ORIGINAL APPEAL FOR ADJUDICATION BEFORE ITAT IN ACC ORDANCE WITH LAW. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE STANDS DISMISSED UNDER VSV SCHEME. ORDER PRONOUNCED IN THE COURT ON 27 TH JANUARY, 2021 AT AHMEDABAD. S D / - (AMARJIT SINGH) ACCOUNTANT MEMBER S D / - (RAJPAL YADAV) VICE-PRESIDENT AHMEDABAD; DATED 27/01/2021