The ACIT, Circle-1(2), Vadodara V. M/s. Liberty Phosphate Ltd., Vadodara

ITSSA 94/AHD/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7394 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 year(s) 9 month(s) 23 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 21-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 29-03-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R R MAKWANA
• Section: 143(3); 153A

Judgement Text

, B IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD ( CONVENED THROUGH VIRTUAL COURT ) BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER ./ I.T(SS).A. NO. 94/AHD/2016 ( ASSESSMENT YEAR : 2009-10) THE ACIT CIRCLE 1(1)(2), VADODARA / VS. M/S. LIBERTY PHOSPHATE LTD. 74-75, GIDC, NANDESARI, VADODARA - 391340 ./ ./ PAN/GIR NO. : AAACL3600N ( APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI R. R. MAKWANA, SR.DR / RESPONDENT BY : SHRI SAKAR SHARMA, A.R. DATE OF HEARING 21/01/2021 !'# / DATE OF PRONOUNCEMENT 21/01/2021 / O R D E R PER BENCH: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE REVENUE AGAINST THE ORDER OF THE COMMISSIONER OF IN COME TAX (APPEALS)-1, VADODARA (CIT(A) IN SHORT), DATED 12 .01.2016 ARISING IN THE ASSESSMENT ORDER DATED 31.03.2014 PASSED BY THE ASSESSING OFFICER (AO) UNDER S. 153A R.W.S. 143(3) OF THE INC OME TAX ACT, 1961 (THE ACT) CONCERNING AY 2009-10. IT(SS)A NO. 94/AHD/16 [ACIT VS. M/S. LIBERTY PHOSPHATE LTD.] A.Y. 2009-10 - 2 - 2. WHEN THE MATTER WAS CALLED FOR HEARING IN THE CA PTIONED REVENUES APPEAL, LEARNED COUNSEL FOR THE ASSESSEE AT THE OUTSET SUBMITTED THAT THE DESIGNATED AUTHORITY HAS ALREADY GRANTED CERTIFICATE ELECTRONICALLY TO THE DECLARANT ASSESSEE CONCERNING THE PARTICULARS OF THE TAX ARREARS AND THE AMOUNT PAYABLE IN PRESCRIBE D FORM-3 NOTIFIED IN VIVAD SE VISHWAS SCHEME, 2020 (VSV) READ WITH RULES FRAMED THEREUNDER. THE LEARNED COUNSEL ACCORDINGLY SUBMIT TED THAT HE DOES NOT SEEK TO DEFEND THE SAID APPEAL OWING TO EXERCIS E OF OPTION FOR AVAILING VSV SCHEME, AND CONSEQUENTLY URGED THAT AS SESSEES REQUEST FOR CLOSURE OF REVENUES APPEAL MAY PLEASE BE GRANT ED. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW ITS APPEAL HAVING R EGARD TO THE APPLICATION FROM ASSESSEE TO AVAIL THE ONGOING SCHE ME. 4. IN THE LIGHT OF WRITTEN REQUEST MADE ON BEHALF O F THE CAPTIONED ASSESSEE, THE APPEAL OF REVENUE IS DISMISSED IN LIMINE . HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHEME FOR ANY REASONS, THEN THE REVENUE WILL BE AT LIBERTY TO SEEK RESTORATION OF ORIGINAL APPEAL FOR HEARING BEFORE ITAT IN ACCORDAN CE WITH LAW. 5. IN THE RESULT, THE CAPTIONED APPEAL OF REVENUE I S DISMISSED IN LIMINE . SD/- SD/- (MAHAVIR PRASAD) (PRADIP KUMAR K EDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: DATED 21/01/2021 TRUE COPY S. K. SINHA !'#' / COPY OF ORDER FORWARDED TO:- &. / REVENUE 2. / ASSESSEE (. )*+ , / CONCERNED CIT THIS ORDER PRONOUNCED ON 21/01/2021 IT(SS)A NO. 94/AHD/16 [ACIT VS. M/S. LIBERTY PHOSPHATE LTD.] A.Y. 2009-10 - 3 - 4. ,- / CIT (A) /. 012 33*+4 *+#4 56) / DR, ITAT, AHMEDABAD 7. 289 : / GUARD FILE. BY ORDER / 4 /5 *+#4 56)