The Dy. Commr. Of Income Tax, Morbi Circle, RAJKOT-GUJARAT V. M/s Comet Granito Pvt. Ltd., Morbi

ITA 510/RJT/2015

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5512 (ITAT-RAJKOT)
• Duration Of Justice: 5 year(s) 6 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-05-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 28-04-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 16-10-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT (THROUGH VIRTUAL COURT) BEFORE SHRI AMARJIT SINGH, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER S. NO. APPEAL A.Y. APPELLANT (PAN NO.) RESPONDENT A.R.(SHRI) 1. ITA NO. 510/RJT/2015 2011-12 DCIT MORBI CIRCLE, MORBI M/S. COMET GRANITO PVT. LTD. (AACCC9062H) VIMAL DESAI 2. ITA NO. 501/RJT/2015 2012-13 DCIT CIRCLE-1(1), RAJKOT M/S. KASUMA AUTO ENGG. PVT. LTD. ( AAACK8894R) -DO- 3. ITA NO. 312/RJT/2017 2009-10 SHRI RUDRARAJSINH R GOHIL-HUF ( AAEHG1465M ) ITO WARD-2(1)(5), RAJKOT WITHDRAWAL 4. ITA NO. 348/RJT/2017 2013-14 SHRI JIGNESH NATHALAL ANDANI ( ABMPA8164G) ACIT CIRCLE-2(1), RAJKOT -DO- 5. ITA NO. 276/RJT/2013 2004-05 TERAPANTH FOODS LTD. ( AAACT7787N ) ACIT (INTL. TAXATION), GANDHIDHAM- KUTCH -DO- 6. ITA NO. 277/RJT/2013 2005-06 TERAPANTH FOODS LTD. ( AAACT7787N ) ACIT (INTL. TAXATION), GANDHIDHAM- KUTCH -DO- 7. ITA NO. 349/RJT/2017 2013-14 SHRI JITENDRA PRATAPBHAI VASANI ( AAHPV1630N) ACIT CIRCLE-2(1), RAJKOT -DO- / RESPONDENT BY : SHRI S. S. RATHI, SR. DR & SHRI OM PRAKASH SINGH, CIT DR / DATE OF HEARING 28/04/2021 / DATE OF PRONOUNCEMENT 11/05/2021 O R D E R PER MADHUMITA ROY, JM: THE CONCERNED SEVEN APPEALS FILED BY DIFFERENT ASSE SSEES ARISE FROM ORDER OF THE CIT(A), IN PROCEEDINGS UNDER INCOME TAX ACT, 19 61; IN SHORT THE ACT. 2. THE ASSESSEES FILED WRITTEN SUBMISSIONS TO WITHD RAW THE APPEALS ON THE GROUND THAT THEY HAVE OPTED TO AVAIL BENEFITS OF VI VAD SE VISHWAS SCHEME, 2020 AND IN THEIR SUBMISSIONS THE ASSESSEEES HAVE ALSO ENCLO SED THE COPIES FORM NO. -3 ISSUED BY THE PR. CIT OF INCOME TAX FOR APPROVING THE APPL ICATIONS FILED BY THE ASSESSEES UNDER THE VIVAD SE VISHWAS SCHEME, 2020. WHEN THE MATTER WAS CALLED FOR HEARING, ITA NO.510/RJT/2015 & 06 OTHERS - 2 - THE LD. COUNSELS FOR THE ASSESSEES AT THE OUTSET HA VE SUBMITTED THAT THEY DO NOT WANT TO PURSUE THE SAID APPEALS SINCE THEIR APPLICATIONS UNDER VIVAD SE VISHWAS SCHEME, 2020 HAVE BEEN APPROVED BY THE INCOME TAX DEPARTMEN T AND REQUESTED THAT THEIR APPLICATIONS FOR WITHDRAWAL OF APPEALS MAY PLEASE B E GRANTED. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW THE APPEALS IN THE CIRCUMSTAN CES NARRATED ON BEHALF OF THE ASSESSEES. 4. WE HAVE CONSIDERED THE SUBMISSIONS AND APPLICATI ONS OF THE ASSESSEES FOR WITHDRAWAL OF THE APPEALS AS THEIR APPLICATIONS HAV E BEEN APPROVED UNDER VIVAD SE VISHWAS SCHEME, 2020. A REFERENCE HAS BEEN MADE I N SUB-SECTION (2) & (3) OF SECTION 4 OF DIRECT TAX VIVAD SE VISHWAS SCHEME, 20 20 FOR THE PURPOSE OF WITHDRAWAL OF APPEAL. IN THE LIGHT OF THE PROVISIO N MADE IN THE SCHEME AND AFTER CONSIDERING THE MATERIAL ON RECORD, THE AFORESAID R EQUESTS FOR WITHDRAWAL OF APPEALS OF THE ASSESSEES TO AVAIL THE VSV SCHEME, 2020 IN A CCORDANCE WITH LAW IS ALLOWED. HOWEVER, IN CASE, ANY ISSUE IS REMAINED UN-RESOLVED UNDER THE SAID SCHEME, THEN, THE ASSESSEES WILL BE AT LIBERTY TO FILE THE MISCELLANE OUS APPLICATIONS TO RECALL THIS ORDER TO RESTORE THE ORIGINAL APPEALS WITHIN THE TIME LIM IT PROVIDED IN THE ACT. 5. IN THE RESULT, ALL CAPTIONED APPEALS OF THE DIFF ERENT ASSESSEES ARE DISMISSED AS WITHDRAWN. SD/- SD/- (AMRJIT SINGH) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: DATED 11/05/2021 TANMAY TRUE COPY / COPY OF ORDER FORWARDED TO:- / REVENUE ! / ASSESSEE ' #$#%& ' / CONCERNED CIT ( ') *- / CIT (A) ./0122%&3 *-*%&3*45$ / DR, ITAT, AHMEDABAD 6178 9:- / GUARD FILE. BY ORDER / 3 / ( DY./ASSTT.REGISTRAR) , ; / ITAT, RAJKOT THIS ORDER PRONOUNCED IN OPEN COURT ON 11/05/2021