Rang Bandhej Pvt Ltd v. Commissioner Of Income Tax, Ahmedabad - I

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 1167 of 2010 With CIVIL APPLICATION (FOR WITHDRAWAL OF MATTER) NO. 1 of 2021 In R/TAX APPEAL NO. 1167 of 2010 ========================================================== RANG BANDHEJ PVT LTD Versus COMMISSIONER OF INCOME TAX, AHMEDABAD - I ========================================================== Appearance:M/S WADIAGHANDY AND CO(5679) for the Appellant(s) No. 1M R BHATT & CO.(5953) for the Opponent(s) No. 1========================================================== CORAM: HONOURABLE MS. JUSTICE SONIA GOKANIand HONOURABLE MS. JUSTICE NISHA M. THAKOREDate : 16/11/2021 ORAL ORDER (PER : HONOURABLE MS. JUSTICE SONIA GOKANI) The applicant is before this Court challenging theorder passed by the Tribunal for the Assessment year2003-2004. 1.1The said appeal is admitted by this Court uponframing two questions of law : (i) “Whether on the facts and in the circumstances ofthe case, the Appellate Tribunal was right in law in holdingthat by virtue of an Agreement to Sell the premises in itsfavour, the Appellant would become the deemed owner ofthe said premises under Section 53 A of the Transfer ofProperty Act?” (ii)“Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holdingthat the Appellant is not entitled to the expenses incurredon repairs of the premises taken on rent by it under Section30(a) of the Act ?” 2.The appellant has availed Vivad Se Vishwas Schemein 2020 under the provisions of the Direct Tax Vivad SeVishwas Act, 2020. The application preferred by theapplicant under the said scheme has also been approvedby the Principal Commissioner of Income Tax -3 and infurtherance of the same amendment has been made ofthe disputed tax as on tax on 15.9.2021. 3.According to learned Advocate Ms. Nisha Ojhaappearing for M/S Wadiaghandy and Co. is seekingpermission of withdrawal of the Tax Appeal for availing thebenefit under the Vivad Se Vishwas Scheme. 4. Learned Senior Advocate Mr. M. R Bhatt appearingfor the opponent has no objection to the Court permittingthe Tax Appeal to be withdrawn. 5.On hearing both the sides acceding to the request ofthe appellant the Tax Appeal is being disposed of withoutentering into the merits without expressing any opinionto avail an opportunity to the appellant under the benefitunder the Vivad Se Vishwas Scheme. 6.It shall be open for the applicant to take a legal recourse available under the law if it is unable to avail thebenefit under the Scheme. 7.This Tax Appeal is disposed of as withdrawn. 8. In view of the order passed in Tax Appeal CivilApplication does not survive and is disposed ofaccordingly. 9.Direct Service is permitted. (SONIA GOKANI, J) MARY VADAKKAN (NISHA M. THAKORE,J)