Yayaati Hasmukhray Nada, Ahmedabad V. Pr. Commissioner of Income Tax-6, Ahmedabad

ITA 1008/AHD/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6175 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 20-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S S SHUKLA
• Assessee Lawyers: P B PARMAR
• Section: 143(3); 6

Judgement Text

, A IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD ( CONVENED THROUGH VIRTUAL COURT ) BEFORE HONBLE MR. JUSTICE P. P. BHATT, PRESIDENT & SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER ./ I.T.A. NO. 1008/AHD/2018 ( ASSESSMENT YEAR : 2013-14) YAYAATI HASMUKHRAY NADA 1, SURSHILP APARTMENTS, BUNGALOW NO.12, MANINAGAR CO-OP HSG SOC, MANINAGAR, AHMEDABAD - 380008 / VS. PR. COMMISSIONER OF INCOME-TAX - 6 1 ST FLOOR, NARAYAN CHAMBERS, NEAR NEHRU BRIDGE, ASHRAM ROAD, AHMEDABAD - 380006 ./ ./ PAN/GIR NO. : AGFPN4412J ( APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI P. B. PARMAR, A.R. / RESPONDENT BY : SHRI S. S. SHUKLA, SR. D.R. DATE OF HEARING 13/04/2020 !'# / DATE OF PRONOUNCEMENT 22/04/2021 / O R D E R PER JUSTICE P. P. BHATT; PRESIDENT: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE ASSESSEE AGAINST THE ORDER OF THE PR. COMMISSIONER OF INCOME TAX-6, AHMEDABAD (PR.CIT IN SHORT), DATED 22.03.2018 ARI SING IN THE ASSESSMENT ORDER DATED 29.12.2015 PASSED BY THE ASS ESSING OFFICER ITA NO. 1008/AHD/18 [YAYAATI H. NADA VS. PR.CIT ] A.Y. 2013-14 - 2 - (AO) UNDER S. 143(3) OF THE INCOME TAX ACT, 1961 (T HE ACT) CONCERNING AY 2013-14. 2. THE CAPTIONED ASSESSEE HAS SOUGHT TO WITHDRAW TH E APPEAL LISTED ABOVE ON THE GROUND THAT ASSESSEE HAS OPTED TO AVAI L BENEFITS OF VIVAD SE VISHWAS SCHEME, 2020 (VSV). WHEN THE MATTER WA S CALLED FOR HEARING, THE LD. COUNSEL FOR THE ASSESSEE AT THE OU TSET HAS SUBMITTED THAT HE DOES NOT SEEK TO PURSUE THE SAID APPEAL OWI NG TO EXERCISE OF OPTION FOR AVAILING VSV SCHEME AND CONSEQUENTLY REQ UESTED THAT HIS APPLICATION FOR WITHDRAWAL OF APPEAL MAY PLEASE BE GRANTED. REFERENCE WAS ALSO MADE TO WRITTEN REQUESTS IN THIS REGARD. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW THE APPEAL IN THE C IRCUMSTANCES NARRATED ON BEHALF OF THE ASSESSEE. 4. IN THE LIGHT OF WRITTEN REQUEST MADE ON BEHALF O F THE CAPTIONED ASSESSEE, THE APPEAL IS DISMISSED AS WITHDRAWN. HO WEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF V SV SCHEME FOR ANY BONAFIDE REASONS, THEN THE ASSESSEE CONCERNED WILL BE AT LIBERTY TO SEEK RESTORATION OF ORIGINAL APPEAL FOR HEARING BEF ORE ITAT IN ACCORDANCE WITH LAW. 5. IN THE RESULT, THE CAPTIONED APPEAL IS DISMISSED AS WITHDRAWN. SD/- SD/- (PRADIP KUMAR KEDIA) (JUSTICE P. P. BHATT) ACCOUNTANT MEMBER PRESIDEN T AHMEDABAD: DATED 22/04/2021 TRUE COPY S. K. SINHA !'#' / COPY OF ORDER FORWARDED TO:- &. / REVENUE THIS ORDER PRONOUNCED ON 22/04/2021 ITA NO. 1008/AHD/18 [YAYAATI H. NADA VS. PR.CIT ] A.Y. 2013-14 - 3 - 2. / ASSESSEE (. )*+ , / CONCERNED CIT 4. ,- / CIT (A) /. 012 33*+4 *+#4 56) / DR, ITAT, AHMEDABAD 7. 289 : / GUARD FILE. BY ORDER / 4 /5 *+#4 56)