SARNA CHEMICALS PVT.LTD.,VAPI vs. THE ACIT, VAPI CIRCLE, VAPI

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ITA 328/SRT/2018Status: DisposedITAT Surat23 June 2021AY 2009-103 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal considered the assessee's application for withdrawal of appeals and the revenue's lack of objection. Consequently, the Tribunal dismissed all the assessee's appeals as withdrawn.

What were the facts?

The assessee filed appeals challenging the validity of assessments under section 147. The substantive additions made by the Assessing Officer were deleted by the CIT(A). The revenue had also filed appeals which were dismissed due to monetary limits.

What were the issues?

Whether the assessee's appeals, which had become infructuous after the revenue's appeals were dismissed, should be allowed to be withdrawn.

Which sections of the Income-tax Act were involved?

Section 147,Section 253,Section 254(1)

AI-generated summary — verify with the full judgment below

Heard together (2 matters)

ITA No.329/SRT/2018
ITA No.331/SRT/2018

Read from the judgment's own cause title. This page is filed under one of them.

Assessee by Sh. A. Gopalakrishna – CA Revenue by Ms. Anupma Singla – Sr. DR Date of hearing 23.06.2021 Date of pronouncement 23.06.2021 Order under section 254(1) of Income Tax Act PER BENCH:

1. 1. These appeals by assessee under section 253 of Income Tax Act are directed against the common order of ld. Commissioner of Income Tax (Appeals), [CIT(A)], Valsad dated 26.02.2018 for Assessment Years 2009-10 to 2013- 14 respectively. We find that the assessee has filed applications for withdrawal of all the appeals vide applications dated 16.06.2021 digitally signed by one of the Director of assessee company.

2. The ld. Authorized representative (AR) of the assessee submits that as per instruction of Director of assessee, he may be allow to withdraw all the to 332 SRT 2018-Sarna Chemicals Pvt. Ltd appeals bearing ITA Nos. 328 to 332/SRT/2018 for AY 2009-10 to 2013-14. The ld. AR further submits that in all appeals the assessee has challenged the validity of assessment under section 147 of the Act. It was submitted that the substantive additions were deleted by ld. CIT(A). The revenue filed appeal cross appeal for all assessment years challenging the deleting of addition, however, the appeal filed by the Revenue in all Assessment Years (ITA No. 333 to 338/SRT/2018 has already been dismissed by this Tribunal due to the monetary limit of tax effect of Rs. 50,00,000/- as prescribed by Central Board of Direct Taxes (CBDT) Circular No. No.17/2019 dated 8th August 2019, for filing appeals before Tribunal. Therefore, all the appeals filed by assessee have become infructuous and is liable to be dismissed.

3. On the other hand, the ld. Departmental Representative (DR) for the revenue has no objection, if all the appeals of the assessee are dismissed as withdrawn.

4. We have considered the submissions of both the parties and have seen the contents of the application for withdrawal of appeal dated 16.06.2021. Considering the submissions of both the ld. representatives of the parties, all the appeal of assessee are dismissed as withdrawn. In the result, all the appeals of assessee are dismissed as withdrawn. No order as to cost.

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