Gujtron Electronics Pvt. Ltd., Ahmedabad V. The ACIT, Ward-2(1)(1), Ahmedabad

ITA 426/AHD/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7845 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 12-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: LALIT P JAIN
• Section: 271(1)(c); 13

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL , D BENCH, AHMEDABAD (CONDUCTED THROUGH VIRTUAL COURT AT AHMEDABAD) BEFORE SHRI MAHAVIR PRASAD , JUDICIAL MEMBER AND SHRI WASEEM AHMED , ACCOUNTANT MEMBER ./ ITA NO. 426/AHD/2019 / ASSTT. YEAR: 2012 - 2013 GUJTRON ELECTRONICS PVT. LTD. , VATALI COMPLEX , NR. SWASTIK CROSS ROAD , NAVRANGPURA , AHMEDABAD . PAN : AAACG5610K VS. A.C.I.T. , CIRCLE 2(1)(1) , AHMEDABAD . (APPLICANT) ( RESPON D ENT ) ASSESSEE BY : SHRI BIREN SHAH WITH SHRI G.M. THAKOR , A.R S REVENUE BY : SHRI LALIT P. JAIN, SR .D. R / DATE OF HEARING : 16 / 03 / 2021 / DATE OF PRONOUNCEMENT: 17 / 03 /2021 / O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE ASSESSEE A GAINST THE ORDER OF THE LEARNED COMM ISSIONER OF INCOME TAX (APPEALS) - 2 AHMEDABAD , DATED 16 /10/2012 ARISING IN THE MATTER OF PENALTY ORDER PASSED UNDER S. 271(1)(C) OF THE INCOME TAX ACT, 1961 ( HERE - IN - AFTER REFERRED TO AS 'THE ACT') RELEVANT TO THE ASSESSMENT YEAR 2012 - 20 13 . ITA NO.426/AHD/2019 ASSTT. YEAR 2012 - 13 2 2. WHEN THE MATTER WAS CALLED FOR HEARING, IT IS NOTICED THAT THE ASSE SSEE HAS FILED A LETTER DATED 16/03 /2021 STATING THAT THE ASSESSEE WANTS TO RESOLVE THE ISSUE WITH THE DEPARTMENT BY AVAILING BENEFIT UNDER VIVAD SE VISHWAS SCHEME, AND THEREFORE THE APPEAL OF THE ASSESSEE REQUIRED TO BE WITHDRAWN IN TERMS OF SCHEME. THE A SSESSEE HAS FILED COPY OF FORM NO. 3 BEING THE CERTIFICATE ISSUE UNDER SECTION 5(1) OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020. THE LD.D.R HAS NO OBJECTION IF THE APPEAL OF THE ASSESSEE IS TREATED TO BE WITHDRAWN IN TERMS OF THE SCHEME OPTED BY THE ASSESSEE. 3. IN THE LIGHT OF THE ABOVE SUBMISSION MADE BY THE ASSESSEE, WE FIND NO REASON TO KEEP THE APPEAL PENDING OF THE ASSESSEE BEFORE THE TRIBUNAL. ACCORDINGLY THE APPEAL OF THE ASSESSEE STANDS DISMISSED. HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHEME FOR ANY BONAFIDE REASONS, THEN THE ASSESSEE WILL BE AT LIBERTY TO SEEK RESTORATION OF ORIGINAL APPEAL FOR ADJUD ICATION BEFORE THE ITAT IN ACCORDANCE WITH LAW. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED UNDER VSV SCH E ME. O RDER PRONOUNCED IN THE COURT ON 17 /03 / 2021 AT AHMEDABAD. SD/ - SD/ - (MAHAVIR PRASAD ) (WASEEM AHMED) JUDICIAL MEMBER ACCOUNTANT MEMBER ( TRUE COPY) A HMEDABAD; DATED 17 / 03 /2021 M ANISH