M/S. ADROIT TRADELINK PVT.LTD.,GANDHINAGAR vs. THE ACIT., CIRCLE-1(1)(1),, AHMEDABAD

PDF · subscribers
ITA 1434/AHD/2024Status: DisposedITAT Ahmedabad02 April 2025AY 2015-16Bench: MS. SUCHITRA KAMBLE (Judicial Member), SHRI MAKARAND V. MAHADEOKAR (Accountant Member)1 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The tribunal, considering the assessee's submission and the relevant CBDT Circulars, dismissed both appeals as withdrawn. The assessee was granted liberty to seek recall of this order and restoration of the appeals if Form No. 2 is not issued within the prescribed time limit or if the application under the VSV Scheme is rejected for any reason. The Departmental Representative did not object to the dismissal.

What were the facts?

The assessee filed two appeals for Assessment Years 2015-16 and 2016-17 against orders from the CIT(A). During the hearing, the Authorized Representative submitted that the assessee had filed Form No. 1 under the Direct Tax Vivad se Vishwas Scheme, 2024, and was awaiting the issuance of Form No. 2 for both cases.

What were the issues?

Whether appeals should be dismissed as withdrawn due to the assessee's participation in the Direct Tax Vivad se Vishwas Scheme, 2024, and the conditions for such dismissal.

Which sections of the Income-tax Act were involved?

Section 250,Section 147,Section 144B,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, AHMEDABAD

Before: MS. SUCHITRA KAMBLE & SHRI MAKARAND V. MAHADEOKAR

For Appellant: Shri Samir Vora, AR
Hearing: 01/04/2025Pronounced: 02/04/2025

आयकर अपीलीय अिधकरण, अहमदाबाद "ायपीठ “सी“, अहमदाबाद । IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, AHMEDABAD सु"ी सुिच"ा का"ले, "ाियक सद" एवं "ी मकरंद वसंत महादेवकर, लेखा सद" के सम"। ] ] BEFORE MS. SUCHITRA KAMBLE, JUDICIAL MEMBER AND SHRI MAKARAND V. MAHADEOKAR, ACCOUNTANT MEMBER आयकर अपील सं / 1522/Ahd/2024 िनधा"रण वष" /Assessment Years : 2015-16 & 2016-17 respectively M/s. Adroit Tradelink The ACIT बनाम/ Pvt.Ltd. Circle-1(1)(1) v/s. 145-1, Sectro-14 Ahmedabad – 380 015 Gandhinagar – 382 016 (Gujarat) "थायी लेखा सं./PAN: AAACJ 3868 J अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee by : Shri Samir Vora, AR Revenue by : Shri Rignesh Das, Sr.DR सुनवाई की तारीख/Date of Hearing : 01/04/2025 घोषणा की तारीख /Date of Pronouncement: 02/04/2025 आदेश/O R D E R PER MAKARAND V. MAHADEOKAR, AM:

Both these appeals filed by the assessee pertain to the Assessment Years (AYs) 2015-16 and 2016-17 against the separate orders passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as “CIT(A)”] passed under section 250 of the Income Tax Act, 1961 arising from the assessment orders passed by the Assessing Officer (AO).

2.

The brief particulars of the orders of authorities below are hereunder: & 1522/Ahd/2024 M/s.Adroit Tradelink Pvt.Ltd. vs. The ACIT Asst. Years :2015-16 & 2016-17 respectively Sr.No(s). ITA No(s)/ Date of Date of AO’s AO Asst.Year(s) CIT(A)’s order Passed order order u/s. 1. 1434/Ahd/2024 07/06/2024 29/03/2022 147 read AY 2015-16 with section 144B of the IT Act, 1961 2. 1522/Ahd/2024 10/07/2024 28/12/2018 143(3) of the AY 2016-17 IT Act, 1961.

3.

During the course of hearing before us, the learned Authorized Representative (AR) submitted that the assessee has filed Form No. 1 under the Direct Tax Vivad se Vishwas Scheme, 2024 (VSV Scheme) and is awaiting issuance of Form No. 2 in both the cases (Acknowledgement Number 853017340300125 for Acknowledgement Number 852941480300125 for ITA No.1522/Ahd/2024).

4.

Considering the aforesaid submission and in view of the CBDT Circulars governing the scheme, the appeals filed by the assessee are dismissed as withdrawn, with liberty to the assessee to seek recall of this order and restoration of the appeal(s) in case Form No.2 is not issued within the prescribed time limit or the application under the VSV Scheme is rejected for any reason.

5.

The learned Departmental Representative (DR) did not raise any objection to this dismissal. & 1522/Ahd/2024 M/s.Adroit Tradelink Pvt.Ltd. vs. The ACIT Asst. Years :2015-16 & 2016-17 respectively

6.

In the result, both the appeals of the assessee are dismissed as withdrawn with liberty as aforesaid.

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →