M/s. John Oil & Gas Ltd., Mehsana V. The Dy.CIT.,Cent.Circle-2(2), Ahmedabad

ITA 764/AHD/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4303 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2009-2010
• Appeal Filed On: 29-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 207; 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH ( CONVENED THROUGH VIRTUAL COURT ) BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER S.NO APPEAL A.Y. APPELLANT (PAN NO.) RESPONDENT A.R. 1 ITA NO . 764/AHD/2019 2009-10 M/S. JOHN OIL & GAS LTD. (AAACJ4867D) DCIT, CENTRAL CIRCLE-2(2), AHMEDABAD SHRI T.P. HEMANI & SHRI PARIMAL SINGH PARMAR 2-4 IT(SS)A NOS. 207 TO 209 / AHD/2019 2010-11 TO 2012- 13 M/S. JOHN OIL & GAS LTD. (AAACJ4867D) DCIT, CENTRAL CIRCLE-2(2), AHMEDABAD SHRI T.P. HEMANI & SHRI PARIMAL SINGH PARMAR 5-6 IT(SS)A NO. 212 & 213 /AHD/2019 2015-16 & 2016- 17 M/S. JOHN OIL & GAS LTD. (AAACJ4867D) DCIT, CENTRAL CIRCLE-2(2), AHMEDABAD SHRI T.P. HEMANI & SHRI PARIMAL SINGH PARMAR REVENUE BY : SHRI MOHD. USMAN, CIT/DR / DATE OF HEARING 25/05/2021 / DATE OF PRONOUNCEMENT 27/05/2021 / O R D E R PER BENCH THE CAPTIONED SIX APPEALS ARISE FROM THE RESPECTIVE ORDERS OF THE COMMISSIONER OF INCOME TAX (APPEALS) (CIT(A)) AGAINST DIFFERENT ASSESSMENT YEARS. 2. THE CAPTIONED ASSESSEES HAVE SOUGHT TO WITHDRAW THE APPEALS LISTED ABOVE ON THE GROUND THAT THEY HAVE OPTED TO AVAIL BENEFITS OF VIVAD SE ITA NO. 764/AHD/19 & 5 ORS. - 2 - VISHWAS SCHEME, 2020 (VSV). WHEN THE MATTER WAS CALLED FOR HEARING, THE LD. COUNSELS FOR THE ASSESSEE AT THE OUTSET HAVE SUBMITTED THAT THEY DO NOT SEEK TO PURSUE THE SAID APPEALS OWING TO EXERCISE OF OPTION FOR AVAILING VSV SCHEME AND CONSEQUENTLY REQUESTED THAT THEIR APPLICATIONS FOR WITHDRAWAL OF APPEALS MAY PLEASE BE GRANTED. REFERENCE WAS ALSO MADE TO WRITTEN REQUESTS IN THIS REGARD. 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 ASSESSEE. 4. IN THE LIGHT OF ORAL/WRITTEN REQUESTS MADE ON BEHALF OF THE CAPTIONED PARTIES, ALL THE APPEALS ARE DISMISSED AS WITHDRAWN. HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHEME FOR ANY BONAFIDE REASONS, THEN THE ASSESSEE CONCERNED WILL BE AT LIBERTY TO SEEK RESTORATION OF ORIGINAL APPEALS FOR HEARING BEFORE ITAT IN ACCORDANCE WITH LAW. 5. IN THE RESULT, ALL CAPTIONED APPEALS ARE DISMISSED AS WITHDRAWN. SD/- SD/- (PRADIP KUMAR KEDIA) (MAHAVIR PRASAD) ACCOUNTANT MEMBER TRUE COPY JUDICIAL MEMBER AHMEDABAD: DATED 27/05/2021 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 27/05/2021