Commissioner of Income Tax, vs. M/s. The Andhra Sugars Limited,

C/TAXAP/484/2011 ORDER DATED: 28/10/2021 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 484 of 2011 ========================================================== M/S ACID & CHEMICALS CO Versus COMMISSIONER OF INCOME TAX (APPEALS)-XVIII ========================================================== Appearance: MR KETAN H SHAH(2705) for the Appellant(s) No. 1 RULE SERVED(64) for the Opponent(s) No. 1 LD SR ADV.MR.MANISH BHATT for the Opponent (s) No.1 ========================================================== CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI and HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

Date : 28/10/2021

ORAL ORDER (PER : HONOURABLE MS. JUSTICE SONIA GOKANI) 1. For

considering

the

substantial question of law on 25.01.2012, this Court has admitted this appeal. Following is the substantial question of law. “(i) Whether on the facts and in the circumstances of the case the Tribunal was right in law in upholding the penalty under Section 271(1)(c) in respect of the addition of investment which it upheld under Section 68 in the hands of the assessee in assessment appeal?” 2. Learned advocate, Mr.Ketan Shah submits Page 1 of 2

C/TAXAP/484/2011 ORDER DATED: 28/10/2021 that the appellant is desirous of availing the benefit of Vivad Se Vishwas Scheme and Form No.3 has already been received. Once he withdraws the pending tax appeal, he will be given the Form No.4 and therefore, the Court may permit to withdraw the present appeal. 3. Acceding to the request, the Tax Appeal is disposed of as not pressed, without entering into the merits and expressing any opinion. 4. If for some reasons the appellant is unable to avail the benefit of the scheme, it shall be open for the appellant to take legal recourse, available under the law. Sd/- (SONIA GOKANI, J) Sd/- (HEMANT M. PRACHCHHAK,J) M.M.MIRZA Page 2 of 2