The Dy. Commissioner of Income Tax, Central Circle-4, Surat V. Surat Metalics Ltd., Surat

ITSSA 217/AHD/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4715 (ITAT-SURAT)
• Duration Of Justice: 4 year(s) 5 month(s) 29 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 01-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 03-08-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS CHETALI SHAH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JM & DR. A. L. SAINI, AM ./IT(SS)A NO.217/AHD/2016 ( [ [ / ASSESSMENT YEAR: (2008-09) (VIRTUAL COURT HEARING) THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4, SURAT. V S. SURAT METALICS LTD., PLOT NO.815, ROAD NO.3, SACHIN, GIDC, SACHIN. ./ ./ PAN/GIR NO.: AAGCS 6017 G (ASSESSEE) (RESPONDENT) ASSESSEE BY : MRS. CHETALI SHAH - CA RESPONDENT BY : SHRI SREENIVAS T.BIDARI CIT(DR) / DATE OF HEARING : 01/02/2021 /DATE OF PRONOUNCEMENT : 01/02/2021 / O R D E R PER DR. A. L. SAINI, ACCOUNTANT MEMBER: AT THE OUTSET ITSELF, MRS. CHETALI SHAH, LEARNED COUNSEL FOR THE ASSESSEE, SUBMITTED BEFORE THE BENCH THAT ASSESSEE HAS OPTED THE BENEFIT OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 . A COPY OF FORM-3 UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, FILED BY THE ASSESSEE IN THE INCOME TAX DEPARTMENT ON 16.12.2020, VIDE CERTIFICATE NO.828985720161220 ISSUED BY PRINCIPAL COMMISSIONER OF INCOME TAX , SURAT-1 , WAS ALSO PLACED BEFORE THE BENCH. MRS. CHETALI SHAH, AUTHORISED REPRESENTATIVE, ON BEHALF OF THE ASSESSEE, SUBMITTED THAT 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 FORM-3 FILED BY THE ASSESSEE TO OBTAIN THE BENEFIT OF VIVAD SE VISHWAS SCHEME AND NOTED THAT ASSESSEE HAS PRAYED FOR WITHDRAWAL OF THE APPEAL. THE LD.CIT(DR) FOR THE REVENUE PAGE | 2 IT(SS)A NO.217/AHD/201 6 ASSESSMENT YEAR: 2008-09 SURAT METALICS LTD., DID NOT HAVE ANY OBJECTION IF THE SAID APPEAL IS WITHDRAWN BY THE ASSESSEE COMPANY. CONSEQUENTLY, WE TREAT THIS APPEAL AS WITHDRAWN. 3. IN THE RESULT, THE APPEAL OF THE REVENUE (IN IT(SS)A NO.217/AHD/2016 FOR AY.2008-09) IS DISMISSED AS WITHDRAWN. ORDER IS PRONOUNCED AT THE TIME OF HEARING OF APPEAL ON 01/02/2021 IN THE VIRTUAL COURT OF HEARING. SD/- SD/- (PAWAN SINGH) (DR. A.L. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER SURAT / / DATE: 01/02/2021 /# 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