Chandresh Finance Limited, Ahmedabad V. The ITO, Ward-1(1)(3), Ahmedabad

MA 17/AHD/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3976 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 4 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 31-05-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 20-01-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R R MAKWANA
• Assessee Lawyers: P D SHAH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH (BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER & SHRI AMARJIT SINGH, ACCOUNTANT MEMBER) (THROUGH VIRTUAL COURT) M.A. NO: 17/AHD/2020 (IN ITA NOS. 101/AHD/2018) (ASSESSMENT YEAR: 2014-15) CHANDRESH FINANCE LTD. MEHTA LODHA & CO. CHARTERED ACCOUNTANTS 105, SAKAR-1, NEAR GANDHIGRAM RAILWAY STATION ASHRAM ROAD, AHMEDABAD-380009 PAN NO. AABCC 6726H V/S INCOME TAX OFFICER, WARD- 1(1)(3), AHMEDABAD (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI P.D. SHAH, A.R. RESPONDENT BY : SHRI R. R. MAKWANA, SR. D.R. ( )/ ORDER DATE OF HEARING : 21 -05-2021 DATE OF PRONOUNCEMENT : 31 -05-2021 PER MAHAVIR PRASAD, JUDICIAL MEMBER 1. THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY THE APPLICANT AGAINST THE ORDER OF THIS BENCH DATED 22/07/2019 WHEREIN THIS APPEAL WAS DISMISSED ON ACCOUNT OF NON- M.A. NO. 17/AHD/2020 . A.Y. 2014-15 2 PROSECUTION. WE ARE SATISFIED WITH THE EXPLANATION GIVEN BY THE ASSESSEE FOR NON- APPEARANCE BEFORE THE TRIBUNAL AND WE RECALL ORDER DATED 22/07/2019. 2. IN THE MEANWHILE, ASSESSEE IS CONTEMPLATED TO GO FOR A VIVAD SE VISHWAS SCHEME. WE ARE CONVINCED WITH THE PLEA OF THE ASSESSEE FOR NON-APPEARANCE ON THE SAID DATE. THEREFORE, VIDE ORDER DATED 22/07/2019 IS RECALLED. 3. NOW WE COME TO ITA NO. 101/AHD/2018 FOR A.Y. 2014-15, AS ASSESSEE AS CONTEMPLATED TO GO FOR A VIVAD SE VISHWAS SCHEME MENTIONED THEREIN. HOWEVER, DEPARTMENT HAS ALSO AGREED TO ALLOW HIS APPLICATION FOR WITHDRAWAL OF THE APPEAL AND IN SUPPORT OF ITS CONTENTION, FORM NO. 3 HAVE BEEN FILED BEFORE US. 4. LD. D.R. HAS NO OBJECTION FOR WITHDRAWAL OF THIS APPLICATION WITH THE CONSENT OF THE LD. D.R. SHRI R. R. MAKWANA WE HAVE TAKEN UP THIS APPEAL FOR HEARING. 5. IN THE RESULT, ASSESSEES APPLICATION IS ALLOWED TO WITHDRAW UNDER VIVAD SE VISHWAS SCHEME 6. IN THE RESULT, APPLICATION FIELD BY THE ASSESSEE FOR WITHDRAW OF APPEAL IS ALLOWED IN THE TERMS AND CONDITIONS MENTIONED THEREIN. ORDER PRONOUNCED IN OPEN COURT ON 31 - 05- 2021 SD/- SD/- (AMARJIT SINGH) (MAHAVIR PRASAD) ACCOUNTANT MEMBER TRUE COPY JUDICIAL MEMBER AHMEDABAD: DATED 31 /05/2021 RAJESH COPY OF THE ORDER FORWARDED TO:- 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,AHMEDABAD