The Modasa Shakari Gin Mill Ltd, Arvali V. ITO, Ward-1, Modasa

ITA 520/AHD/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1774 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 10 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2015-2016
• Appeal Filed On: 29-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: AP PEA L B Y A SS ES SE E
• Keywords: Condonation of delay
• Section: 2; 143(3)

Judgement Text

, B IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SMT. MADHUMITA ROY, JUDICIAL MEMBER ./ I.T.A. NO. 520/AHD/2019 ( ASSESSMENT YEAR : 2015-16) THE MODASA SAHKARI GIN MILL LTD. SAYRA ROAD, NR. OLD BUS STOP, MODASA, ARAVALI / VS. ITO WARD -1, MODASA ./ ./ PAN/GIR NO. : AAAAT1456C ( APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : APPEAL BY ASSESSEE RAMESHBHAI PATEL / RESPONDENT BY : SHRI R. R. MAKWANA, SR.D.R. DATE OF HEARING 23/12/2020 !'# / DATE OF PRONOUNCEMENT 22/02/2021 / O R D E R PER BENCH: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-2, AHMEDABAD, (CIT(A) IN SHORT), DATED 23.08.2018 AR ISING IN THE ASSESSMENT ORDER DATED 10.11.2017 PASSED BY THE ASS ESSING OFFICER (AO) ITA NO.520/AHD/19 [THE MODASA SAHKARI GIN MILL LTD.VS. ITO] A.Y. 2015-16 - 2 - UNDER S. 143(3) OF THE INCOME TAX ACT, 1961 (THE AC T) CONCERNING AY 2015-16. 2. THE CAPTIONED ASSESSEE HAS SOUGHT TO WITHDRAW TH E APPEAL LISTED ABOVE ON THE GROUND THAT ASSESSEE HAS OPTED TO AVAI L BENEFITS OF VIVAD SE VISHWAS SCHEME, 2020 (VSV). WHEN THE MATTER WA S CALLED FOR HEARING, THE LD. COUNSELS FOR THE ASSESSEE AT THE O UTSET HAS SUBMITTED THAT HE DOES NOT SEEK TO PURSUE THE SAID APPEAL OWING TO EXERCISE OF OPTION FOR AVAILING VSV SCHEME AND CONSEQUENTLY REQUESTED THAT HIS APPLICATION FOR WITHDRAWAL OF APPEAL MAY PLEASE BE GRANTED. RE FERENCE WAS ALSO MADE TO WRITTEN REQUEST IN THIS REGARD. 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 TAKEN NOTE OF THE DELAY IN CAPTIONED APP EAL OF 147 DAYS IN FILING APPEAL BEFORE THE TRIBUNAL. TAKING INTO CONS IDERATION THE LARGER INTEREST OF THE ASSESSEE SEEKING TO AVAIL THE ONGOI NG VSV SCHEME, 2020, WE FIND THAT CONDONATION OF DELAY WOULD NOT PREJUDI CE THE INTEREST OF REVENUE IN ANY MANNER. HENCE, WITHOUT GOING INTO T HE MERIT OF THE PRAYER, THE DELAY IS CONDONED. THE ASSESSEE THUS I S BE AT LIBERTY TO AVAIL THE BENEFIT OF VSV SCHEME. 5. IN THE LIGHT OF ORAL/WRITTEN REQUEST MADE ON BEH ALF OF THE ASSESSEE, THE CAPTIONED APPEAL IS DISMISSED AS WITHDRAWN. HO WEVER, IN THE EVENT, ITA NO.520/AHD/19 [THE MODASA SAHKARI GIN MILL LTD.VS. ITO] A.Y. 2015-16 - 3 - THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHE ME FOR ANY BONAFIDE REASONS, THEN THE ASSESSEE CONCERNED WILL BE AT LIB ERTY TO SEEK RESTORATION OF ORIGINAL APPEAL FOR HEARING BEFORE ITAT IN ACCOR DANCE WITH LAW. 6. IN THE RESULT, THE APPEAL OF ASSESSE IS DISMISSE D AS WITHDRAWN. SD/- SD/- (PRADIP KUMAR KEDIA) ( MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: DATED 22/02/2021 TRUE COPY S. K. SINHA !'#' / COPY OF ORDER FORWARDED TO:- &. / REVENUE 2. / ASSESSEE (. )*+ , / CONCERNED CIT 4. ,- / CIT (A) /. 012 33*+4 *+#4 56) / DR, ITAT, AHMEDABAD 7. 289 : / GUARD FILE. BY ORDER / 4 /5 *+#4 56) THIS ORDER PRONOUNCED IN OPEN COURT ON 22/02/202 1