The DCIT, Circle-1(1)(1), Baroda V. M/s. Amerikan Steels Pvt.Ltd., Vadodara

ITA 935/AHD/2015

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2542 (ITAT-AHMEDABAD)
• Duration Of Justice: 6 year(s) 1 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-06-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 16-04-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

, C IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD ( CONVENED THROUGH VIRTUAL COURT ) BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER S. NO. APPEAL A.Y. APPELLANT (PAN NO.) RESPONDENT A.R.(SHRI) 1. ITA NO. 935/AHD/2015 2009-10 DCIT CIRCLE-1(1)(1), VADODARA M/S. AMERIKAN STEELS P. LTD. ( AAECA6674P) S. N. SOPARKAR WITH MS. URVASHI SODHAN 2. ITA NO. 936/AHD/2015 2010-11 DCIT CIRCLE-1(1)(1), VADODARA M/S. AMERIKAN STEELS P. LTD. ( AAECA6674P ) -DO- 3. ITA NO. 2850/AHD/2014 2006-07 BHARAT JIVANLAL PATEL ( ACOPP9183H) DCIT CIRCLE-14, AHMEDABAD S. N. DIVATIA 4. ITA NO. 721/AHD/2019 2014-15 GTPL HATHWAY PVT. LTD. ( AACCG6676M ) DCIT CIRCLE-2(1)(1), AHMEDABAD TUSHAR HEMANI WITH P. B. PARMAR 5. ITA NO. 3019/AHD/2016 2012-13 SHRI KANTIBHAI PURSHOTTAMBHAI PATEL ( BAXPP8730Q ) ITO WARD-1, PALANPUR PRATIK A. DATTA 6. ITA NO. 696/AHD/2019 2016-17 M/S. SEQUEL LOGISTICS PVT.LTD. ( AAHCS9813P ) ACIT CIRCLE-4(1)(1), AHMEDABAD WITHDRAWAL 7. ITA NO. 1614/AHD/2019 2017-18 SEQUEL LOGISTICS PVT. LTD. ( AAHCS9813P ) DCIT CIRCLE-4(1)(1), AHMEDABAD -DO- 8. ITA NO. 289/AHD/2019 2015-16 SACHINKUMAR HIMATLAL MODI ( BWQPM2100J ) ITO WARD-2(2)(5), AHMEDABAD WITHDRAWAL REVENUE BY : SHRI L. P. JAIN, SR. D.R. / DATE OF HEARING 21/04/2021 / DATE OF PRONOUNCEMENT 02/06/2021 / O R D E R PER BENCH: THE CAPTIONED EIGHT APPEALS ARISE FROM THE RESPECTI VE ORDERS OF THE COMMISSIONER OF INCOME TAX (APPEALS) (CIT(A )) AGAINST DIFFERENT ASSESSMENT YEARS. ITA NOS. 935/AHD/2015 & 07 OTHERS - 2 - 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 VISHWAS SCHEME, 2020 (VSV). WHEN THE MA TTER WAS CALLED FOR HEARING, THE LD. COUNSELS FOR THE ASSESS EE 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 REVE NUE 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 BE HALF 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 APPEA LS FOR HEARING BEFORE ITAT IN ACCORDANCE WITH LAW. 5. IN THE RESULT, ALL CAPTIONED APPEALS ARE DISMISS ED AS WITHDRAWN. SD/- SD/- (WASEEM AHMED) (MADHUM ITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: DATED 02/06/2021 TRUE COPY TANMAY / COPY OF ORDER FORWARDED TO:- 1. / REVENUE 2. / ASSESSEE 3. ! ! ' / CONCERNED CIT4 . ! ! '- $%&' / CIT (A) 5. )*+&! ,-- , ! $%&' ! $ , $/0 / DR, ITAT, AHMEDABAD 6. +23 45' / GUARD FILE. BY ORDER / , 6%//! %& ! $%&' ! $ , $/0 7 THIS ORDER PRONOUNCED ON 02/06 /2021