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

ITSSA 218/AHD/2016 | 2009-2010
Pronouncement Date: 01-03-2021 | Result: Dismissed

Appeal Details

RSA Number 21825616 RSA 2016
Assessee PAN AAGCS6017G
Bench Surat
Appeal Number ITSSA 218/AHD/2016
Duration Of Justice 4 year(s) 6 month(s) 28 day(s)
Appellant The Dy. Commissioner of Income Tax, Central Circle-4,, Surat
Respondent Surat Metalics Ltd.,, Surat
Appeal Type Income Tax (Search & Seizure) Appeal
Pronouncement Date 01-03-2021
Appeal Filed By Department
Order Result Dismissed
Bench Allotted DB
Tribunal Order Date 01-03-2021
Assessment Year 2009-2010
Appeal Filed On 03-08-2016
Judgment 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