M/s. Deep Jewellers, Rajkot V. The Additional Commissioner of Income Tax, Range-2(1) , Rajkot

ITA 427/RJT/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5517 (ITAT-RAJKOT)
• Duration Of Justice: 3 year(s) 5 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 04-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT BEFORE: SHRI AMARJIT SINGH, ACCOUNTANT MEMBER AND MS. MADHUMITA ROY, JUDICI AL MEMBER [CONDUCTED THROUGH E-COURT AT AH MEDABAD] SL. NO. APPEAL ITA/IT(SS) A A.Y. APPELLANT RESPONDENT A.R. D.R. 1 ITA 427/RJT/2017 2014- 15 DEEP JEWELLERS (AAGFD5599P) ACIT, RANGE-2(1), RAJKOT WITHDRA WAL APPLICATI ON SHRI S.S. RATHI 2 ITA 141/RJT/2017 2012- 13 SHRI. KAMLESHBHAI R. MOTIANI (AARPM7137P) ACIT, CIRCLE-2(1), RAJKOT WITHDRA WAL APPLICATI ON SHRI S.S. RATHI 3 ITA 313/RJT/2017 2011- 12 SHRI HARISHBAI C. NATHWANI (AAWPN9751D) ITO, WD- 2(3)(3), RAJKOT SHRI M.J. RANPURA SHRI S.S. RATHI 4 ITA 314/RJT/2017 2012- 13 SHRI HARISHBAI C. NATHWANI (AAWPN9751D) ITO, WD- 2(3)(3), RAJKOT SHRI M.J. RANPURA SHRI S.S. RATHI 5 ITA 278/RJT/2019 2015- 16 VIRAJ MANOJBJBHAI PARIKH (ASQPP5578E) ACIT, CIRCLE-3(1), RAJKOT WITHDRA WAL APPLICATI ON SHRI S.S. RATHI DATE OF HEARING : 28-04-2021 DATE OF PRONOUNCEMENT : 05-05- 2021 /ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:- I.T.A NOS. 427/RJT/2017 & 4 OTHERS PAGE NO. DEEP JEWELLERS VS. ACIT & 4 OTHERS 2 THESE FIVE APPEALS FILED BY DIFFERENT ASSESSEES ARI SE FROM ORDER OF THE CIT(A), IN PROCEEDINGS UNDER INCOME TAX ACT, 1961; IN SHORT THE ACT. 2 THE ASSESSEE FILED WRITTEN SUBMISSION TO WITHDRAW THE APPEALS ON THE GROUND THAT HE HAS OPTED TO AVAIL BENEFITS OF VIVAD SE VISHWAS SCHEME, 2020 AND IN HIS SUBMISSION THE ASSESSEE HAS ALSO EN CLOSED THE COPIES FORM NO. -3 ISSUED BY THE PR. CIT OF INCOME TAX FOR APPR OVING THE APPLICATION FILED BY THE ASSESSEE UNDER THE VIVAD SE VISHWAS SC HEME, 2020. WHEN THE MATTER WAS CALLED FOR HEARING, THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET HAS SUBMITTED THAT HE DOES NOT WANT TO PURSUE THE S AID APPEALS SINCE HIS APPLICATION UNDER VIVAD SE VISHWAS SCHEME, 2020 HAS BEEN APPROVED BY THE INCOME TAX DEPARTMENT AND REQUESTED THAT HIS APPLIC ATION FOR WITHDRAWAL OF APPEALS MAY PLEASE BE GRANTED. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW THE APPEALS IN THE CIR CUMSTANCES NARRATED ON BEHALF OF THE ASSESSEE. 4. WE HAVE CONSIDERED THE SUBMISSION AND APPLICATIO N OF THE ASSESSEE FOR WITHDRAWAL OF THE APPEALS AS HIS APPLICATION HAS BE EN APPROVED UNDER VIVAD SE VISHWAS SCHEME, 2020. A REFERENCE HAS BEEN MAD E IN SUB-SECTION (2) & (3) OF SECTION 4 OF DIRECT TAX VIVAD SE VISHWAS SCH EME, 2020 FOR THE PURPOSE OF WITHDRAWAL OF APPEAL. IN THE LIGHT OF T HE PROVISION MADE IN THE SCHEME AND AFTER CONSIDERING THE MATERIAL ON RECORD , THE AFORESAID REQUEST FOR WITHDRAWAL OF APPEALS OF THE ASSESSEE TO AVAIL THE VSV SCHEME, 2020 IN ACCORDANCE WITH LAW IS ALLOWED. HOWEVER, IN CASE, ANY ISSUE IS REMAINED I.T.A NOS. 427/RJT/2017 & 4 OTHERS PAGE NO. DEEP JEWELLERS VS. ACIT & 4 OTHERS 3 UN-RESOLVED UNDER THE SAID SCHEME, THEN, THE ASSESS EE WILL BE AT LIBERTY TO FILE THE MISCELLANEOUS APPLICATION TO RECALL THIS ORDER TO RESTORE THE ORIGINAL APPEALS WITHIN THE TIME LIMIT PROVIDED IN THE ACT. 5. IN THE RESULT, ALL THE FIVE APPEALS FILED BY DIF FERENT ASSESSEES ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 05-05-2021 SD/- SD/- (MADHUMITA ROY) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 05/05/2021 / 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