The Karamsad Urban Co.Op. Bank Ltd., Anand V. The Income Tax Officer, Ward-2, Anand

ITA 1178/AHD/2014

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5165 (ITAT-AHMEDABAD)
• Duration Of Justice: 7 year(s) 5 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 21-04-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S S SHUKLA
• Assessee Lawyers: H V DOSHI

Judgement Text

, A IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD (CONDUCTED THROUGH VIRTUAL COURT) BEFORE SHRI RAJPAL YADAV, VICE-PRESIDENT AND SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER ITA NO.1178 AND 3356/AHD/2014 / ASSTT.YEAR : 2009-10 AND 2011-12 THE KARAMSAD URBAN CO - OP BANK LTD. BAZAR ROAD NR.MAHADEV TEMPLE AT & POST : KARAMSAD 388 325 TAL. & DIST. ANAND. PAN : AAAAP 4724 F VS. ITO, WARD - 2 AHMEDABAD. ( APPLICANT ) ( RESPONENT ) ASSESSEE BY : SHRI H.V. DOSHI, AR REVENUE BY : SHRI S.S.SHUKLA, SR.DR / DATE OF HEARING : 27/09/2021 / DATE OF PRONOUNCEMENT: 27/09/2021 !'/ O R D E R PER BENCH: THE ABOVE TWO APPEALS FILED BY THE ASSESSEE ARISE F ROM ORDERS OF THE COMMISSIONER OF INCOME TAX (APPEALS)-IV, BARODA DATED 6.1.2014 AND 8.9.2014 PASSED IN RESPECT OF ABOVE TW O ASSESSMENT YEARS 2. WHEN THE MATTER WAS CALLED FOR HEARING, IT IS NO TICED THAT THE ASSESSEES COUNSEL SHRI H.V. DOSHI, HAS FILED A LET TER STATING THAT SINCE ASSESSEE HAS OPTED FOR SETTLEMENT OF ISSUE UNDER DI RECT TAX VIVAD SE VISHWAS ACT, 2020 IT WANTS TO WITHDRAW BOTH THE ABO VE APPEALS. ALONG WITH THE LETTER, THE COUNSEL HAS ALSO FILED C OPY OF FORM NO.3 ISSUED BY THE DESIGNATED AUTHORITY FOR SETTLEMENT O F ISSUE UNDER THE ITA NO.1178 AND 3356/AHD/2014 2 SAID ACT. IN VIEW OF THIS, THE LD.COUNSEL FOR THE ASSESSEE SEEKS WITHDRAWAL OF THE ABOVE TWO APPEALS PENDING BEFORE THE TRIBUNAL SO AS TO AVAIL BENEFIT UNDER SCHEME. THE LD.DR HAS NO OBJ ECTION IF THE APPEALS OF THE ASSESSEE ARE TREATED TO BE WITHDRAWN IN TERMS OF SCHEME OPTED BY THE ASSESSEE. 3. IN THE LIGHT OF THE ABOVE SUBMISSION MADE BY ASS ESSEE, WE FIND NO REASON TO KEEP PENDING APPEALS OF THE ASSESSEE B EFORE THE TRIBUNAL. ACCORDINGLY, THE APPEALS OF THE ASSESSEE STAND DISM ISSED. HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHEME FOR ANY REASONS, THEN THE ASSESSEE WILL BE AT LIBERTY T O SEEK RESTORATION OF ORIGINAL APPEALS FOR ADJUDICATION BEFORE ITAT IN AC CORDANCE WITH LAW. 4. IN THE RESULT, THE APPEALS OF THE ASSESSEE ARE D ISMISSED AS WITHDRAWN UNDER VSV SCHEME. ORDER PRONOUNCED IN THE COURT ON 27 TH SEPTEMBER, 2021 AT AHMEDABAD. SD/ - ( PRADIP KUMAR KEDIA ) ACCOUNTANT MEMBER SD/ - (RAJPAL YADAV) VICE-PRESIDENT