The DCIT.,Vapi Circle, Vapi V. M/s. Daman Hospitality Pvt.Ltd., Daman

ITA 424/SRT/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6441 (ITAT-SURAT)
• Duration Of Justice: 3 year(s) 3 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-09-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 30-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SRINIVAS T BIDARI
• Assessee Lawyers: ADVAST ATHWALE

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. 424/SRT/2018 (ASSESSMENT YEAR: 2014 -15) ( VIRTUAL COURT HEARING) THE DCIT, VAPI CIRCLE, VAPI. VS M/S. DAMAN HOSPITALITY PVT. LTD., SURVEY NO.8/1, VARKUND, DAMAN, NANI DAMAN-396210. [PAN : AACCD 7948 K] APPELLANT RESPONDEDNT APPELLANT BY SHRI SRINIVAS T. BIDARI, CIT(DR) RESPONDENT BY SHRI ADVAST ATHWALE, AR DATE OF HEARING 08/09/2021 DATE OF PRONOUNCEMENT 08/09/2021 O R D E R PER DR. A. L. SAINI, ACCOUNTANT MEMBER : AT THE OUTSET ITSELF, SHRI ADVAST ATHWALE, LEARNED COUNSEL FOR THE ASSESSEE, SUBMITTED BEFORE THE BENCH THAT ASSESSEE HAS OPTED THE BENEFIT OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 AND HAS SETTLED THE DISPUTE WITH THE REVENUE. A COPY OF FORM NO. 3 UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, FILED BY THE ASSESSEE IN THE INCOME TAX DEPARTMENT ON 15.04.2021 WAS ALSO PLACED BEFORE THE BENCH. SHRI ADVAST ATHWALE, LEARNED COUNSEL, ON BEHALF OF THE ASSESSEE, BY WAY OF A LETTER DATED 07.09.2021, SUBMITTED THAT SINCE THE ASSESSEE HAS SETTLED THE DISPUTE WITH REVENUE, THEREFORE THIS APPEAL SHOULD BE DISMISSED. THE LEARNED DEPARTMENTAL REPRESENTATIVE (IN SHORT THE LD. DR) DID NOT RAISE ANY OBJECTION IF THIS APPEAL OF REVENUE IS DISMISSED, AS NOT PRESSED. 2. WE HAVE HEARD BOTH THE PARTIES AND GONE THROUGH FORM NO. 3 FILED BY THE ASSESSEE TO OBTAIN THE BENEFIT OF VIVAD SE VISHWAS SCHEME AND NOTED THAT ASSESSEE HAS SETTLED DISPUTE WITH THE DEPARTMENT UNDER VIVAD SE VISHWAS SCHEME, 2020 AND RECEIVED FORM NO.3. THE LD. DR FOR THE REVENUE SUBMITS THAT THIS APPEAL FILED BY THE REVENUE MAY BE TREATED AS NOT 2 ITA NO.424/SRT/2018 ASSESSMENT YEAR.2014-15 DAMAN HOSPITALITY PVT. LTD. PRESSED. CONSIDERING THE SUBMISSIONS OF LD. COUNSEL AND LD. DR, THIS APPEAL OF THE REVENUE IS DISMISSED AS NOT PRESSED. RESULTANTLY, APPEAL OF THE REVENUE IS DISMISSED AS NOT PRESSED. HOWEVER, BOTH THE PARTIES ARE GIVEN LIBERTY TO FILE APPROPRIATE MA IF THE MATTER IS NOT FINALLY SETTLED DUE TO SOME REASONS. 3. IN THE RESULT, APPEAL OF THE REVENUE [IN ITA NO.424/SRT/2018 FOR AY.2014-15] IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON 08/09/2021 AT THE TIME OF VIRTUAL COURT HEARING. SD/- SD/- (PAWAN SINGH) (DR. A. L. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER SURAT, DATED: 08/09/2021 **SAMANTA** COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. PR.CIT 5. DR 6. GUARD FILE /TRUE COPY/ BY ORDER // TRUE COPY // ASSISTANT REGISTRAR/SR. PS/PS ITAT, SURAT