Shri Chandravadan Hemchand Shah, HUF, Ahmedabad V. The ACIT, Circle-5(2), Ahmedabad

ITA 1056/AHD/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4301 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 1 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-05-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 07-04-2020
• Assessment Year: 2009-2010
• Appeal Filed On: 27-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S S SHUKLA
• Assessee Lawyers: M K PATEL

Judgement Text

, SMC IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD (CONDUCTED THROUGH VIRTUAL COURT) BEFORE SHRI RAJPAL YADAV, VICE-PRESIDENT ITA NO.1056/AHD/2018 / ASSTT.YEAR : 2009-10 SHRI CHANDRAVAN HEMCHAND SHAH HUF B/81, RIVERA ELEGANCE OPP: PRAHALDNAGAR AUDA GARDEN CORPORATE ROAD PRAHLADNAGAR AHMEDABAD 380 015. PAN : AABHC 833D VS. ACIT, CIR.5(2) AHMEDABAD. ( APPLICANT ) ( RESPONENT ) ASSESSEE BY : SHRI M.K.PATEL REVENUE BY : SHRI S.S.SHUKLA, SR.DR / DATE OF HEARING : 27/05/2021 / DATE OF PRONOUNCEMENT: 27/05/2021 !'/ O R D E R THE ABOVE APPEAL FILED BY THE ASSESSEE ARISES FROM ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-5, AHMEDABAD D ATED 21.02.2018 FOR ASSESSMENT YEAR 2009-10. 2. WHEN THE MATTER WAS CALLED FOR HEARING, IT IS SU BMITTED BY THE LD.COUNSEL FOR THE ASSESSEE THAT THE ASSESSEE HAS O PTED FOR VIVAD SE VISHWAS SCHEME AND ISSUED FORM NO.3 TO THIS EFFECT. ASSESSEE HAS PLACED ON RECORD COPY OF FORM NO.3. IT IS THEREFOR E SUBMITTED THAT THE ASSESSEE MAY BE GIVEN PERMISSION TO WITHDRAW HIS AP PEAL FOR AVAILING BENEFIT UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 . THE LD.COUNSEL FOR THE ASSESSEE HAS FILED A PURSHIS TO THIS EFFECT. THE LD.DR HAS NO ITA NO.1056/AHD/2018 2 OBJECTION IF THE APPEAL OF THE ASSESSEE IS TREATED TO BE WITHDRAWN IN TERMS OF SCHEME OPTED BY THE ASSESSEE. 3. IN THE LIGHT OF THE ABOVE SUBMISSION MADE BY ASS ESSEE, I FIND NO REASON TO KEEP PENDING APPEAL OF THE ASSESSEE BEFOR E THE TRIBUNAL SINCE THE ASSESSEE HAS EXERCISED ITS OPTION TO SETT LE THE ISSUE AS PER VIVAD SE VISHWAS SCHEME. ACCORDINGLY, THE APPEAL O F THE ASSESSEE STANDS DISMISSED. HOWEVER, IN THE EVENT, THE ASSESS EE FAILS TO AVAIL THE BENEFIT OF VSV SCHEME FOR ANY REASONS, THEN THE ASS ESSEE WILL BE AT LIBERTY TO SEEK RESTORATION OF ORIGINAL APPEAL FOR ADJUDICATION BEFORE ITAT IN ACCORDANCE WITH LAW. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE STANDS DISMISSED UNDER VSV SCHEME. ORDER PRONOUNCED IN THE COURT ON 27 TH MAY, 2021 AT AHMEDABAD. S D / - (RAJPAL YADAV) VICE-PRESIDENT