M/s. Nirma Limited, Ahmedabad V. The DCIT, Circle-3(1)(1), Ahmedabad

ITA 691/AHD/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1799 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 11 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 27-03-2020
• Assessment Year: 2001-2002
• Appeal Filed On: 20-03-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD ( CONVENED THROUGH VIRTUAL COURT ) BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER & SHRI AMARJIT SINGH, ACCOUNTANT MEMBER S.NO APPEAL A.Y. APPELLANT (PAN NO.) RESPONDENT A.R. 1 ITA NO. 691/AHD/2018 2001-02 M/S. NIRMA LTD. (AAACN5350K) DCIT, CIRCLE - 3(1)(1), AHMEDABAD SHRI S.N. SOPARKAR & SHRI PARIN SHAH 2 ITA NOS. 2748/ AHD/2017 2014-15 DCIT, CIRCLE -3(1)(1), AHMEDABAD SHRI UPENDRA CHINUBHAI SHAH (AIOPS3732 M) SHRI S.N. SOPARKAR & SHRI PARIN SHAH 3 ITA NOS. 2339/ AHD/2017 2013-14 DCIT, CIRCLE -3(1)(1), AHMEDABAD SHRI UPENDRA CHINUBHAI SHAH (AIOPS3732 M) SHRI S.N. SOPARKAR & SHRI PARIN SHAH 4-5 ITA NOS. 1208/ AHD/2017 & C.O. NO. 11/AHD/2018 2012-13 DCIT, CIRCLE -3(1)(1), AHMEDABAD SHRI UPENDRA CHINUBHAI SHAH (AIOPS3732M) SHRI UPENDRA CHINUBHAI SHAH (AIOPS3732 M) DCIT, CIRCLE - 3(1)(1), AHMEDABAD SHRI S.N. SOPARKAR & SHRI PARIN SHAH REVENUE BY : SHRI VINOD TANWANI, CIT/D.R. & SHRI LALIT P. JAIN, SR. D.R. / DATE OF HEARING 24/02/2021 / DATE OF PRONOUNCEMENT 25/02/2021 / O R D E R ITA NO. 691/AHD/18 & 4 ORS. - 2 - PER BENCH THESE FIVE APPEALS FILED BY DIFFERENT ASSESSEES EXCEPT ITA NO. 1613 & 2748/AHD/2017 FOR A.Y. 2014-15, 2339/AHD/2017 FOR A.Y. 2013-14 & 1208/AHD/2017 FOR A.Y. 2012-13 FILED BY REVENUE AND C.O. NO. 11/AHD/2018 (IN ITA NO. 1208/AHD/2017), ARISE FROM ORDER OF THE CIT(A), IN PROCEEDINGS UNDER INCOME TAX ACT, 1961; IN SHORT 'THE ACT'. 2. THE ASSESSEES FILED WRITTEN SUBMISSIONS TO WITHDRAW THE APPEALS ON THE GROUND THAT THEY HAVE OPTED TO AVAIL BENEFITS OF VIVAD SE VISHWAS SCHEME, 2020 AND IN THEIR SUBMISSIONS THE ASSESSEEES HAVE ALSO ENCLOSED THE COPIES FORM NO. -3 ISSUED BY THE PR. CIT OF INCOME TAX FOR APPROVING THE APPLICATIONS FILED BY THE ASSESSEES UNDER THE VIVAD SE VISHWAS SCHEME, 2020. WHEN THE MATTER WAS CALLED FOR HEARING, THE ID. COUNSELS FOR THE ASSESSEES AT THE OUTSET HAVE 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 DEPARTMENT AND REQUESTED THAT THEIR APPLICATIONS FOR WITHDRAWAL OF APPEALS MAY PLEASE BE GRANTED. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW THE APPEALS IN THE CIRCUMSTANCES NARRATED ON BEHALF OF THE ASSESSEES. 4. WE HAVE CONSIDERED THE SUBMISSIONS AND APPLICATIONS OF THE ASSESSEES FOR WITHDRAWAL OF THE APPEALS AS THEIR APPLICATIONS HAVE 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 REQUESTS FOR WITHDRAWAL OF APPEALS OF THE ASSESSEES TO AVAIL THE VSV SCHEME, 2020 IN ACCORDANCE WITH LAW IS ALLOWED. HOWEVER, IN CASE, ANY ISSUE IS REMAINED UN- ITA NO. 691/AHD/18 & 4 ORS. - 3 - RESOLVED UNDER THE SAID SCHEME, THEN, THE ASSESSEES WILL BE AT LIBERTY TO FILE THE MISCELLANEOUS APPLICATIONS TO RECALL THIS ORDER TO RESTORE THE ORIGINAL APPEALS WITHIN THE TIME LIMIT PROVIDED IN THE ACT. 5. IN THE RESULT, ALL THE FIVE APPEALS ARE DISMISSED AS WITHDRAWN. SD/- SD/- (AMARJIT SINGH) (MAHAVIR PRASAD) ACCOUNTANT MEMBER TRUE COPY JUDICIAL MEMBER AHMEDABAD: DATED 25/02/2021 RAJESH KUMAR / COPY OF ORDER FORWARDED TO:- 1. / REVENUE 2. / ASSESSEE 3. / CONCERNED CIT 4. - / CIT (A) 5. , , / DR, ITAT, AHMEDABAD 6. [ / GUARD FILE. BY ORDER / , / , THIS ORDER PRONOUNCED ON 25/02/2021