M/s. Sharda Industries, Ankleshwar V. The Deputy Commissioner of Income Tax, Bharuch Circle, Bharuch

ITA 850/AHD/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7758 (ITAT-SURAT)
• Duration Of Justice: 3 year(s) 9 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 07-04-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANUPAMA SINGLA
• Assessee Lawyers: MEHUL K PATEL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JM & DR. A. L. SAINI, AM ./ITA NO.850/AHD/2017 ( [ [ / ASSESSMENT YEAR: (2010-11) (VIRTUAL COURT HEARING) M/S.SHARDA INDUSTRIES, 6908/09/10, GIDC INDUSTRIAL ESTATE, ANKLESHWAR. VS. THE DCIT, BHARUCH CIRCLE, BHARUCH. ./ ./ PAN/GIR NO.: AAGFS 9791 L (ASSESSEE) (RESPONDENT) ASSESSEE BY : SHRI MEHUL K. PATEL - AR RESPONDENT BY : SMT. ANUPAMA SINGLA SR. DR / DATE OF HEARING : 12/01/2021 /DATE OF PRONOUNCEMENT : 12/01/2021 / O R D E R PER DR. A. L. SAINI, ACCOUNTANT MEMBER: AT THE OUTSET ITSELF, WE NOTE THAT THE ASSESSEE HAS MOVED AN APPLICATION THROUGH EMAIL FOR WITHDRAWAL OF APPEAL ON THE GROUND THAT THE ASSESSEE HAS ALREADY FILED APPLICATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 AND FORM-3 IS AWAITED. SHRI MEHUL K.PATEL, LD COUNSEL FOR ASSESSEE PRAYED FOR WITHDRAWAL OF THE APPEAL TO WHICH, THE LEARNED DEPARTMENTAL REPRESENTATIVE DID NOT RAISE ANY OBJECTION. 2. WE HAVE HEARD BOTH THE PARTIES AND GONE THROUGH THE EMAIL APPLICATION DATED 11.01.2021 AND NOTED THAT ASSESSEE HAS OPTED THE BENEFIT OF VIVAD SE VISHWAS SCHEME AND LD COUNSEL STATED THAT FORM NO.3 WOULD BE RECEIVED WITHIN A SHORT PERIOD OF TIME. THE LD.SR.DR FOR THE REVENUE DID NOT HAVE ANY OBJECTION IF THE SAID APPEAL IS WITHDRAWN BY THE ASSESSEE. CONSEQUENTLY, WE TREAT THIS APPEAL AS WITHDRAWN. PAGE | 2 ITA NO.2077/AHD/2016 FOR A.Y.2009-10 SMT.KIRAN SUBHASH PATEL VS. ITO, WARD-3, BHARUCH. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE (IN ITA NO.850/AHD/2017 FOR AY.2010-11) IS DISMISSED AS WITHDRAWN. ORDER IS PRONOUNCED ON 12/01/2021, AS PER RULE 34 OF INCOME TAX APPELLATE TRIBUNAL, RULE 1963. SD/- SD/- (PAWAN SINGH) (DR. A.L. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER SURAT / / DATE: 12/01/2021 / #SGR COPY OF THE ORDER FORWARDED TO 1. THE ASSESSEE 2. THE RESPONDENT 3. THE CIT(A) 4. PR.CIT 5. DR/AR, ITAT, SURAT 6. GUARD FILE BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR/SR. PS/PS ITAT, SURAT