Rajnikant Amin, Late Nayanaben Rajnikant Amin, Vadodara V. The Dy. CIT, Central Circle-2, Vadodara

ITSSA 378/AHD/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6750 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 7 month(s) 25 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 05-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 10-08-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH (CONDUCTED THROUGH VIRTUAL COURT) BEFORE: SHRI MAHAVIR PRASAD, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCO UNTANT MEMBER SL. NO. APPEAL IT(SS)A/ITA A.Y. APPELLANT (PAN NO.) RESPONDE NT A.R. D.R. 1 IT(SS)A 378/AHD/2017 2010-11 SMT. LATE NAYANABEN RAJNIKANT AMIN THROUGH L/H RAJNIKANT AMIN (AQHPA7038H) DCIT, CC-2, BARODA SHRI S.N. SOPARKAR, SR. A.R. WITH SHRI PARIN SHAH SHRI O. P. SHARMA 2 IT(SS)A 379/AHD/2017 2011-12 SMT. LATE NAYANABEN RAJNIKANT AMIN THROUGH L/H RAJNIKANT AMIN (AQHPA7038H) DCIT, CC-2, BARODA SHRI S.N. SOPARKAR, SR. A.R. WITH SHRI PARIN SHAH, A.R. SHRI O. P. SHARMA 3 ITA 546/AHD/2012 2006-07 M/S. GLOBAL TEXTILE (INDIA) PVT. LTD. (AABCS5514K) ITO, WD- 8(2), ABAD SHRI MEHUL K. PATEL SHRI L.P. JAIN DATE OF HEARING : 31-03-2021 DATE OF PRONOUNCEMENT : 05-0 4-2021 /ORDER PER BENCH:- THESE THREE APPEALS FILED BY TWO DIFFERENT ASSESSEE S ARISE FROM ORDER OF THE CIT(A), IN PROCEEDING UNDER INCOME TAX ACT, 1961; I N SHORT THE ACT. 2. THE ASSESSEES FILED WRITTEN SUBMISSIONS TO WITHD RAW THE APPEALS ON THE GROUND THAT THEY HAVE OPTED TO AVAIL BENEFITS OF VI VAD SE VISHWAS SCHEME, 2020. WHEN THE MATTER WAS CALLED FOR HEARING, THE LD. COU NSELS FOR THE ASSESSEES AT THE I.T(SS).A NOS. 378 & 379/AHD/2017 & 546/AHD/2012 PAGE NO SMT LATE NAYANABEN RAJNIKANT AMIN VS. DY. CIT & M/ S GLOBAL TEXTILE (INDIA) P. LTD. VS. ITO 2 OUTSET HAVE SUBMITTED THAT THEY DO NOT WANT TO PURS UE THE SAID APPEALS AND REQUESTED THAT THEIR APPLICATIONS FOR WITHDRAWAL OF APPEALS MAY PLEASE BE GRANTED. 3. THE LD. DEPARTMENTAL REPRESENTATIVES FOR THE REV ENUE STATED THAT THEY HAVE NO OBJECTION TO WITHDRAW THE APPEALS IN THE CIRCUMS TANCES NARRATED ON BEHALF OF THE ASSESSEES. 4. WE HAVE CONSIDERED THE SUBMISSIONS AND APPLICATI ONS OF THE ASSESSEES FOR WITHDRAWAL OF THE APPEALS. A REFERENCE HAS BEEN MA DE IN SUB-SECTION (2) & (3) OF SECTION 4 OF DIRECT TAX VIVAD SE VISHWAS SCHEME, 20 20 FOR THE PURPOSE OF WITHDRAWAL OF APPEAL. IN THE LIGHT OF THE PROVISIO N MADE IN THE SCHEME AND AFTER CONSIDERING THE MATERIAL ON RECORD, THE AFORESAID R EQUESTS FOR WITHDRAWAL OF APPEALS OF THE ASSESSEES TO AVAIL THE VSV SCHEME, 2 020 IN ACCORDANCE WITH LAW IS ALLOWED. HOWEVER, IN CASE, ANY ISSUE IS REMAINED U N-RESOLVED UNDER THE SAID SCHEME, THEN, THE ASSESSEES WILL BE AT LIBERTY TO F ILE THE MISCELLANEOUS APPLICATIONS TO RECALL THIS ORDER TO RESTORE THE ORIGINAL APPEAL S WITHIN THE TIME LIMIT PROVIDED IN THE ACT. 5. IN THE RESULT, ALL THE THREE APPEALS OF THE TWO DIFFERENT ASSESSEES ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 05-04-2021 SD/- SD/- (MAHAVIR PRASAD) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 05/04/2021 / COPY OF ORDER FORWARDED TO:- I.T(SS).A NOS. 378 & 379/AHD/2017 & 546/AHD/2012 PAGE NO SMT LATE NAYANABEN RAJNIKANT AMIN VS. DY. CIT & M/ S GLOBAL TEXTILE (INDIA) P. LTD. VS. ITO 3 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,