Appeal details
Counselvise Citation
[2021] 107 COUNSELVISE.COM (IT) 3582 (ITAT-AHMEDABAD)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
6 year(s) 6 month(s) 12 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
12-10-2021
Appeal Filed By
Assessee
Order Result
Dismissed
Bench Allotted
D
Assessment Year
2010-2011
Appeal Filed On
30-03-2015
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH (CONDUCTED THROUGH VIRTUAL COURT) BEFORE: SHRI MAHAVIR PRASAD, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMB ER SL . NO. APPEAL ITA /CO A.Y. APPELLANT RESPONDENT A.R. D.R. 1 ITA 710/AHD/2015 2010 - 11 PENTAIR VALVES & CONTROLS INDIA PVT. LTD. (AAACK8809L) DY. CIT, CIRCLE - 2(1)(2), BARODA SHRI S.N. SOPARKAR & SHRI PARIN SHAH SHRI MOHD. USMAN 2 CO 48/AHD/2017 (IN ITA 229/AHD/2017) 2012 - 13 GAURAV SANTRAMDAS VARMA (ADEPV3361L) DCIT, CIRCLE - 4(1)(1), ABAD SHRI S.N. SOPARKAR & SHRI PARIN SHAH SHRI PURUSHOTTA M KUMAR 3 CO 47/AHD/2017 (IN ITA 228/AHD/2017) 2012 - 13 TARUN SANTRAMDAS VARMA (AAIPV6427C) DCIT, CIRCLE - 4(1)(1), ABAD SHRI S.N. SOPARKAR & SHRI PARIN SHAH SHRI PURUSHOTTA M KUMAR 4 CO 51/AHD/2017 (IN ITA 232/AHD/2017) 2012 - 13 MRUNAL SANTRAMDAS VARMA (AETPV0713J) DCIT, CIRCLE - 4(1)(1), ABAD SHRI S.N. SOPARKAR & SHRI PARIN SHAH SHRI PURUSHOTTA M KUMAR DATE OF HEARING : 11-10-2021 DATE OF PRONOUNCEMENT : 12-10-20 21 /ORDER PER BENCH:- THIS ASSESSEES APPEAL AND THREE CROSS OBJECTION FI LED BY DIFFERENT ASSESSEES, ARISE FROM ORDER OF THE CIT(A), AHMEDABA D, IN PROCEEDINGS UNDER INCOME TAX ACT, 1961; IN SHORT THE ACT. I.T.A NO. 710/AHD/2015 & THREE COS PAGE NO. PENTAIR VALVES & CONTROLS INDIA PVT. LTD. VS. DY. C IT & THREE COS 2 2. THE ASSESSEES FILED WRITTEN SUBMISSIONS TO WITHD RAW THE APPEAL/CROSS OBJECTIONS ON THE GROUND THAT THEY HAVE OPTED TO AV AIL BENEFITS OF VIVAD SE VISHWAS SCHEME, 2020 AND IN THEIR SUBMISSIONS THE A SSESSEES HAVE ALSO ENCLOSED THE COPIES FORM NO. -3 ISSUED BY THE PR. C IT OF INCOME TAX FOR APPROVING THE APPLICATIONS FILED BY THE ASSESSEES U NDER THE VIVAD SE VISHWAS SCHEME, 2020. WHEN THE MATTER WAS CALLED FOR HEARI NG, THE LD. COUNSELS FOR THE ASSESSEES AT THE OUTSET HAVE SUBMITTED THAT THE Y DO NOT WANT TO PURSUE THE SAID APPEAL/CROSS OBJECTIONS SINCE THEIR APPLICATIO NS UNDER VIVAD SE VISHWAS SCHEME, 2020 HAVE BEEN APPROVED BY THE INCOME TAX D EPARTMENT AND REQUESTED THAT THEIR APPLICATIONS FOR WITHDRAWAL OF APPEAL/CROSS OBJECTIONS MAY PLEASE BE GRANTED. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW THE APPEAL/CROSS OBJEC TIONS IN THE CIRCUMSTANCES NARRATED ON BEHALF OF THE ASSESSEES. 4. WE HAVE CONSIDERED THE SUBMISSIONS AND APPLICATI ONS OF THE ASSESSEES FOR WITHDRAWAL OF THE APPEAL/CROSS OBJECTIONS AS TH EIR APPLICATIONS HAVE BEEN APPROVED UNDER VIVAD SE VISHWAS SCHEME, 2020. A R EFERENCE HAS BEEN MADE IN SUB-SECTION (2) & (3) OF SECTION 4 OF DIREC T TAX VIVAD SE VISHWAS SCHEME, 2020 FOR THE PURPOSE OF WITHDRAWAL OF APPEA L/CROSS OBJECTIONS. IN THE LIGHT OF THE PROVISION MADE IN THE SCHEME AND A FTER CONSIDERING THE MATERIAL ON RECORD, THE AFORESAID REQUESTS FOR WITH DRAWAL OF APPEAL/CROSS OBJECTIONS OF THE ASSESSEES TO AVAIL THE VSV SCHEME , 2020 IN ACCORDANCE WITH LAW IS ALLOWED. HOWEVER, IN CASE, ANY ISSUE I S REMAINED UN-RESOLVED UNDER THE SAID SCHEME, THEN, THE ASSESSEES WILL BE AT LIBERTY TO FILE THE I.T.A NO. 710/AHD/2015 & THREE COS PAGE NO. PENTAIR VALVES & CONTROLS INDIA PVT. LTD. VS. DY. C IT & THREE COS 3 MISCELLANEOUS APPLICATIONS TO RECALL THIS ORDER TO RESTORE THE ORIGINAL APPEAL/CROSS OBJECTIONS WITHIN THE TIME LIMIT PROVI DED IN THE ACT. 5. IN THE RESULT, THE APPEAL AND THREE CROSS OBJECT IONS FILED BY DIFFERENT ASSESSEES ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 12-10-2021 SD/- SD/- (MAHAVIR PRASAD) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 12/10/2021 / COPY OF ORDER FORWARDED TO:- 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,
