Shree Ragukul Tax Prints Pvt.Ltd., Surat V. Asstt. Commissioner of Income Tax,Circle.4, Surat

ITA 835/AHD/2016

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4558 (ITAT-SURAT)
• Duration Of Justice: 5 year(s) 1 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 04-04-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANUPMA SINGLA
• Assessee Lawyers: RASESH SHAH
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER ITA NO. 835/AHD/2016 (AY 2011-12) (H EARING IN VIRTUAL COURT) SHREE RAGUKUL TEX PRINTS PVT. LTD., 146-TATI THAIYA, AT & POST JALVA, TAL PALSANA, SURAT. PAN : AADCS 3524 R VS THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-4, SURAT. APPLICANT RESPONDENT ASSESSEE BY SHRI RASESH SHAH CA REVENUE BY MS. ANUPMA SINGLA SR. DR DATE OF HEARING 18.05.2021 DATE OF PRONOUNCEMENT 18.05.2021 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)-II, SURAT, DATED 13.01.2016, WHICH IN TURN ARISE FROM THE ASSESSMENT ORDER UNDER SECTION 143(3) 30.03.2014 FOR ASSESSMENT YEAR (AY) 2011-12. THE APPEAL CAME UP HEARING ON 18 TH MAY 2021. SHRI RASESH SHAH, CA APPEARED ON BEHALF OF ASSESSEE. PERUSAL OF RECORD SHOWS THAT THE ASSESSEE HAS FILED AN APPLICATION INTER ALIA STATING THEREIN THAT THE ASSESSEE HAS AVAILED 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. 339060710080421 FROM DESIGNATED AUTHORITY AND PRAYED FOR WITHDRAWAL OF APPEAL. THE LD AR FOR THE ASSESSEE PRAYED FOR WITHDRAWAL OF APPEAL. ITA NO. 835/AHD/2016 SHREE RAGHUKUL TEX PRINTS PVT. LTD.,(AY 2011-12) 2 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DEPARTMENTAL REPRESENTATIVE (SR DR) SUBMITS THAT SHE HAS NO OBJECTION IF THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 3. WE HAVE CONSIDERED THE CONTENTS OF THE APPLICATION FILED BY THE ASSESSEE AND THE SUBMISSIONS LD AR AND DR FOR THE PARTIES. 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. IN THE RESULT THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER ANNOUNCED AT THE TIME OF HEARING OF APPEAL ON 18 TH MAY 2021 IN THE VIRTUAL COURT HEARING. SD/- SD/- (DR ARJUN LAL SAINI) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER SURAT, DATED: 18/05/2021 / SGR COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT ITA NO. 835/AHD/2016 SHREE RAGHUKUL TEX PRINTS PVT. LTD.,(AY 2011-12) 3 5. DR 6. GUARD FILE BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR, ITAT, SURAT