Nila Bauart Engineering Ltd., Vadodara V. The Dy.CIT, Circle-2(1)(2), Vadodara

ITA 52/AHD/2016

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 7726 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 10 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-11-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 06-01-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AJAY PRATAP SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “C” BENCH (Conducted Through Virtual Court) Before: Shri Mahavir Prasad, Judicial Member And Shri Amarjit Singh, Accountant Member Nila Bau rat Engineering Ltd . 611, Yashkamal, Station Road, Vadodara PAN: AAACN7 006N (Appellant) Vs The DCIT, Circle- 2(1)(2 ), Aaykar Bhavan , Race Course Circle, Vadodara (Resp ondent) Revenue by : Shri Ajay Pra tap Singh, CIT-D. R. Asses see b y : M s. Urv ashi Sho dhan, A. R. Date of hearing : 18-11 -2 021 Date of pronouncement : 25-11 -2 021 आदेश/ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:- This assessee’s appeal for A.Y. 2007-08, arises from order of the CIT(A)-2, Vadodara dated 03-11-2015, in proceedings under section 271(1)(c) of the Income Tax Act, 1961; in short “the Act”. 2. The assessee filed written submission to withdraw the appeal on the ground that he has opted to avail benefits of Vivad se Vishwas Scheme, 2020 and in his submission the assessee has also enclosed the ITA No. 52/Ahd/2016 Assessment Year 2007-08 I.T.A No. 52/Ahd/2016 A.Y. 2007-08 Page No Nila Baurat Engineering Ltd. vs. DCIT 2 copies form no. -3 issued by the Pr. CIT of Income Tax for approving the application filed by the assessee under the Vivad se Vishwas Scheme, 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 said appeal since his application under Vivad se Vishwas Scheme, 2020 has been approved by the Income Tax Department and requested that his application for withdrawal of appeal may please be granted. 3. The ld. Departmental Representative for the Revenue stated that he has no objection to withdraw the appeal in the circumstances narrated on behalf of the assessee. 4. We have considered the submission and application of the assessee for withdrawal of the appeal as his application has been approved under Vivad se Vishwas Scheme, 2020. A reference has been made in sub-section (2) & (3) of section 4 of Direct Tax Vivad se Vishwas Scheme, 2020 for the purpose of withdrawal of appeal. In the light of the provision made in the scheme and after considering the material on record, the aforesaid request for withdrawal of appeal of the assessee to avail the VSV Scheme, 2020 in accordance with law is allowed. However, in case, any issue is remained un-resolved under the said scheme, then, the assessee will be at liberty to file the I.T.A No. 52/Ahd/2016 A.Y. 2007-08 Page No Nila Baurat Engineering Ltd. vs. DCIT 3 Miscellaneous Application to recall this order to restore the original appeal within the time limit provided in the act. 5. In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 25-11-2021 Sd/- Sd/- (MAHAVIR PRASAD) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad : Dated 25/11/2021 आदेश क त ल प अ े षत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/ आदेश से, उप/सहायक पंजीकार आयकर अपील य अ धकरण, अहमदाबाद