M/s. Satyam Sai Builders Pvt. Ltd., Mumbai V. The Income tax Officer, Ward-2(1)(2), Surat

ITA 575/SRT/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1161 (ITAT-SURAT)
• Duration Of Justice: 2 year(s) 10 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 23-08-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANUPAMA SINGLA SRDR
• Assessee Lawyers: SAPNESH SHETH

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER ITA NO.575/SRT/2018 (AY 2011-12) (H EARING IN VIRTUAL COURT) M/S SATYAM SAI BUILDERS PVT. LTD., 2/4, DR. RAJENDRA PRASAD NAGAR, WESTERN EXPRESS HIGHWAY, VILLE PARLE, MUMBAI. PAN: AALCS 2070 G VS. INCOME TAX OFFICER, WARD- 2(1)(2), AAYKAR BHAVAN, MAJURA GATE, SURAT. APPLICANT RESPONDENT ASSESSEE BY MR. SAPNESH SHETH, AR REVENUE BY MS. ANUPAMA SINGLA, SR-DR DATE OF HEARING 05/07/2021 DATE OF PRONOUNCEMENT 05/07/2021 ORDER UNDER SECTION 254(1) OF INCOME TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER : 1. THIS APPEAL BY ASSESSEE IS DIRECTED AGAINST THE ORDERS OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-2, SURAT DATED 18.05.2018 FOR THE ASSESSMENT YEAR (AY) 2011-12. THE APPEALS CAME UP HEARING ON 05/07/2021, THE LEARNED AUTHORISED REPRESENTATIVE SUBMITS THAT THE ASSESSEE HAS APPLIED FOR SEEKING THE BENEFITS OF VIVAD SE VISVAS SCHEME -2020 (VSV-20) AND HAS SETTLED THE DISPUTE WITH DEPARTMENT AND HAS RECEIVED FORM-3 OF VSV-20 BEARING ACKNOWLEDGEMENT NO. -801937780101220, DATED 10.12.2020, FROM DESIGNATED AUTHORITY AND PRAYED FOR WITHDRAWAL OF APPEAL . 2. ON THE OTHER HAND THE LEARNED SENIOR DEPARTMENTAL REPRESENTATIVE (SR. DR) SUBMITS THAT SHE HAS NO OBJECTION IF THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ITA NO.575/SRT/2018 (AY 2011-12 ) M/S SATYAM SAI BUILDERS PVT. LTD. 2 3. WE HAVE CONSIDERED THE CONTENTS OF THE APPLICATION FILED BY THE ASSESSEE AND THE SUBMISSIONS OF SR. DR FOR THE REVENUE. CONSIDERING THE FACTS THAT THE ASSESSEE HAS SETTLED THE DISPUTE WITH THE DEPARTMENT UNDER VSV-20, AND HAS RECEIVED FORM-3 OF VSV -20, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN WITH LIBERTY TO THE ASSESSEE AS WELL AS TO THE REVENUE THAT IN CASE, IF THE APPLICATION PREFERRED BY THE ASSESSEE UNDER VSV-20 DOES NOT GET FINALLY SETTLED FOR ANY REASON WHATSOEVER, THEN BOTH THE PARTIES ARE AT LIBERTY TO PREFER MISCELLANEOUS APPLICATION BEFORE THIS TRIBUNAL FOR RESTORATION OF THIS APPEAL AND IN SUCH EVENT, THE APPEALS SHALL GET RESTORED. THE ASSESSING OFFICER IS DIRECTED TO PASS CONSEQUENTIAL ORDER AS PER CBDT CIRCULAR NO. 3/2021 DATED 04.03.2021. 4. IN THE RESULT THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. SD/- SD/- (DR ARJUN LAL SAINI) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER SURAT, DATED: 05 /07/2021 SELF COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR 6. GUARD FILE BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR, ITAT, SURAT