Shoppers Buildcon Pvt. Ltd, Ahmedabad V. DCIT, Cent. Circle-1(4), Ahmedabad

ITSSA 301/AHD/2018

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 7882 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 29 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 23-11-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2016-2017
• Appeal Filed On: 25-10-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

आयकर अपीलीय अिधकरण, अहमदाबाद ᭠यायपीठ IN THE INCOME TAX APPELLATE TRIBUNAL, ‘’ B’’ BENCH, AHMEDABAD (CONDUCTED THROUGH VIRTUAL COURT AT AHMEDABAD) BEFORE SHRI RAJPAL YADAV, VICE PRESIDENT And SHRI WASEEM AHMED, ACCOUNTANT MEMBER आयकर अपील सं./IT(SS)A Nos. 299-301/AHD/2018 िनधाᭅरण वषᭅ/Asstt. Years: (2014-2015 to 2016-17) Shoppers Buildcon Pvt. Ltd., 113, Fatehbhaini Haveli, Ratanpole, Kalupur, Ahmedabad-380001. PAN: AAKCS3355D Vs. D.C.I.T., Central Circle-1(4), Ahmedabad. (Applicant) (Respondent) Assessee by : Shri S.N. Soparkar, Sr. Advocate Revenue by : Shri Viyaykumar Jaiswal, CIT.D.R सुनवाई कᳱ तारीख/Date of Hearing : 18/11/2021 घोषणा कᳱ तारीख /Date of Pronouncement: 24/11/2021 आदेश/O R D E R PER BENCH: The captioned three appeals have been filed at the instance of the Assessee against the separate orders of the Learned Commissioner of Income Tax (Appeals)- 11, Ahmedabad, even dated 20/08/2018 arising in the matter of assessment order passed under s. 143(3) r.w.s 153A(1)(b) of the Income Tax Act, 1961 (here-in-after referred to as "the Act") relevant to the Assessment Years 2014-2015 to 2016-2017. IT(SS)A nos.299-301/AHD/2018 Asstt. Years 2014-15 to 2016-17 2 2. When the matter was called for hearing, it is noticed that the assessee has filed a letter dated 30/10/2021 stating that the assessee wants to resolve the issue with the department by availing benefit under Vivad Se Vishwas Scheme, and therefore the appeals of the Assessee required to be withdrawn in terms of the scheme. The assessee has filed copy of form no. 3 being the certificate issue under section 5(1) of the Direct Tax Vivad Se Vishwas Act, 2020. The Ld. DR had no objection if the appeal of the Assessee is treated to be withdrawn in terms of the scheme opted by the assessee. 3. In the light of the above submission made by the assessee, we find no reason to keep the appeal of the Assessee pending before the Tribunal. Accordingly, the appeals of the Assessee stand dismissed. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any bonafide reasons, then the assessee will be at liberty to seek restoration of original appeals for adjudication before the ITAT in accordance with law. 4. In the result, the appeals of the Assessee are dismissed under VSV Scheme. Order pronounced in the Court on 24/11/2021 at Ahmedabad. Sd/- Sd/- (RAJPAL YADAV) (WASEEM AHMED) VICE PRESIDENT ACCOUNTANT MEMBER (True Copy) Ahmedabad; Dated 24/11/2021 Manish