Tawniya Industries Limited, Surat V. The Income Tax Officer, Ward-4(4),, Surat

ITA 469/SRT/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1586 (ITAT-SURAT)
• Duration Of Justice: 2 year(s) 11 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 03-07-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MRS ANUPAMA SINGLA
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JM & DR. A. L. SAINI, AM ./ ITA NO.469/SRT/2018 ( [ [ / ASSESSMENT YEAR: (2010-11) (VIRTUAL COURT HEARING) TAWNIYA INDUSTRIES LIMITED, C/O. MADANLALTAWNIYA, OP.J.K.TOWER, OPP.SUB JAIL, NEAR CHAMUNDA RESTAURANT, RING ROAD, SURAT 395002. V S. THE INCOME TAX OFFICER, WARD-2(1)(4), SURAT. ./ ./PAN/GIR NO.: AADCT 0063 A (ASSESSEE) (RESPONDENT) ASSESSEE BY : NONE. RESPONDENT BY : MRS. ANUPAMA SINGLA SR.DR / DATE OF HEARING : 29/06/2021 / DATE OF PRONOUNCEMENT : 29/06/2021 / O R D E R PER DR. A. L. SAINI, ACCOUNTANT MEMBER: CAPTIONED APPEAL FILED BY THE ASSESSEE PERTAINING TO THE ASSESSMENT YEAR 2010-11, IS DIRECTED AGAINST THE ORDER PASSED BY THE LD.COMMISSIONER OF INCOME TAX(APPEALS)-2, SURAT DATED 30.08.2017. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. WE HAVE HEARD LD.DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE AND NOTE THAT ASSESSEES APPEAL IN ITA NO.469/SRT/2018, FOR ASSESSMENT YEAR 2010-11, WHICH RELATES TO PENALTY UNDER SECTION 271(1)(C) OF THE ACT, HAS LISTED FOR HEARING TODAY I.E. ON 29.06.2021. THE ASSESSEE INFORMS THE BENCH BY WAY OF LETTER DATED 25.06.2021, STATING THAT QUANTUM APPEAL FILED BY THE ASSESSEE FOR THE SAME ASSESSMENT YEAR 2010-11 BEARING ITA NO.169/AHD/2016 IS PENDING BEFORE THIS TRIBUNAL. IN RESPECT OF QUANTUM APPEAL (ITA NO.169/AHD/2016), THE ASSESSEE HAS ALREADY FILED AN APPLICATION IN FORM NO.1 AND 2 FOR SETTLEMENT OF ITS CASE UNDER THE VIVAD PAGE | 2 ITA NO.469/SRT/2018 FOR A.Y. 2010-11 TAWNIYA INDUSTRIES LTD., SE VISHWAS SCHEME 2020. THE ASSESSEES APPLICATION UNDER VIVAD SE VISHWAS SCHEME, FOR ITS QUANTUM APPEAL HAS BEEN APPROVED BY THE LD.PR.CIT, SURAT. THE ASSESSEE SUBMITTED FORM NO.3, BEFORE US, IN RESPECT OF ITS QUANTUM APPEAL IN ITA NO.169/AHD/2016, BEARING CERTIFICATE NO.247324730090221 DATED 09.02.2021. 3. SINCE THE ASSESSEE HAS SETTLED ITS QUANTUM APPEAL UNDER VSVS SCHEME, AS NOTED ABOVE, THEREFORE PENALTY UNDER SECTION 271(1)(C) OF THE ACT (RELATING TO QUANTUM APPEAL) IN ITA NO.469/SRT/2018 WOULD NOT SURVIVE, HENCE, WE DISMISS THE PENALTY APPEAL UNDER SECTION 271(1)(C) OF THE ACT. 4. WE MAKE IT CLEAR THAT IF THE APPLICATION PREFERRED BY THE ASSESSEE UNDER VIVAD SE VISHWAS FOR ITS QUANTUM APPEAL NO.169/AHD/2016 DOES NOT GET FINALLY SETTLED FOR ANY REASON WHATSOEVER, THEN ASSESSEE IS AT LIBERTY TO MOVE AN APPLICATION BEFORE THIS TRIBUNAL PRAYING FOR RECALLING THIS ORDER, THEN THIS ORDER MAY BE RECALLED. 5. IN THE RESULT, APPEAL OF THE ASSESSEE (ITA NO.469/SRT/2018 AY.2010-11) IS DISMISSED AS WITHDRAWN. ORDER IS PRONOUNCED AT THE TIME OF HEARING OF APPEAL ON 29/06/2021 IN THE VIRTUAL COURT OF HEARING. SD/- SD/- (PAWAN SINGH) (DR. A.L. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER SURAT / / DATE: 29/06/2021 / SGR COPY OF THE ORDER FORWARDED TO 1. THE ASSESSEE 2. THE RESPONDENT 3. THE CIT(A) 4. PR.CIT 5. DR/AR, ITAT, SURAT 6. GUARD FILE BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR/SR. PS/PS ITAT, SURAT