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

ITSSA 218/AHD/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1159 (ITAT-SURAT)
• Duration Of Justice: 4 year(s) 6 month(s) 28 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 01-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 03-08-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S T BIDARI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER IT(SS)A NOS. 218 & 219/AHD/2016 (ASSESSMENT YEARS: 2009-10 & 2010-11) ( VIRTUAL COURT HEARING) THE DCIT, CENTRAL CIRCLE-4, SURAT. VS. SURAT METALICS LTD. PLOT NO.815, ROAD NO.3, SACHIN, GIDC, SACHIN, SURAT. [PAN : AAGCS6017G] APPELLANT RESPONDEDNT APPELLANT BY SHRI S. T. BIDARI, CIT(DR) RESPONDENT BY SHRI MEHUL SHAH, CA DATE OF HEARING 01/03/2021 DATE OF PRONOUNCEMENT 01/03/2021 O R D E R PER DR. A. L. SAINI, ACCOUNTANT MEMBER : AT THE OUTSET ITSELF, SHRI MEHUL SHAH, LEARNED COUNSEL FOR THE ASSESSEE, SUBMITTED BEFORE THE BENCH THAT ASSESSEE COMPANY HAS OPTED THE BENEFIT OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 AND HAS SETTLED THE DISPUTE WITH THE REVENUE. A COPY OF FORM NO. 3 UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, FILED BY THE ASSESSEE IN THE INCOME TAX DEPARTMENT ON 30.01.2021 WAS ALSO PLACED BEFORE THE BENCH. SHRI MEHUL SHAH, LEARNED COUNSEL, ON BEHALF OF THE ASSESSEE COMPANY, BY WAY OF A LETTER DATED 01.03.2021, SUBMITTED THAT SINCE THE ASSESSEE COMPANY HAS SETTLED THE DISPUTE WITH REVENUE, THEREFORE THESE TWO APPEALS SHOULD BE DISMISSED. THE LEARNED DEPARTMENTAL REPRESENTATIVE (IN SHORT THE LD. DR) DID NOT RAISE ANY OBJECTION IF THESE TWO APPEALS OF REVENUE ARE DISMISSED, AS NOT PRESSED. 2. WE HAVE HEARD BOTH THE PARTIES AND GONE THROUGH FORM NO. 3 FILED BY THE ASSESSEE TO OBTAIN THE BENEFIT OF VIVAD SE VISHWAS SCHEME AND NOTED THAT ASSESSEE HAS SETTLED DISPUTE WITH THE DEPARTMENT UNDER VIVAD SE VISHWAS SCHEME, 2020 AND RECEIVED FORM NO.3. THE LD. DR FOR THE REVENUE SUBMITS THAT THESE TWO APPEALS FILED BY THE REVENUE MAY BE TREATED 2 IT(SS)A. 218 & 219/AHD/2016 AYS.2009-2010 TO 2010-11 SURAT METALLICS LIMITED. AS NOT PRESSED. CONSIDERING THE SUBMISSIONS OF LD. COUNSEL AND LD. DR, THESE TWO APPEALS OF THE REVENUE ARE DISMISSED AS NOT PRESSED. RESULTANTLY, APPEALS OF THE REVENUE ARE DISMISSED AS NOT PRESSED. 3. IN THE RESULT, APPEALS OF THE REVENUE [IN IT.(SS).A NOS. 218 & 219/AHD/2016 FOR AY.2009-10 TO 2010-11] ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON 01/03/2021 AT THE TIME OF VIRTUAL COURT HEARING. SD/- SD/- (PAWAN SINGH) (DR. A. L. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER SURAT, DATED: 01/03/2021 SAMANTA, PS COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR 6. GUARD FILE /TRUE COPY/ BY ORDER // TRUE COPY // ASSISTANT REGISTRAR/SR. PS/PS ITAT, SURAT