Mahesh Bhikhabhai Karda, Ahmedabad V. The DCIT, Circle-7(2), Ahmedabad

ITA 1206/AHD/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 0392 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 5 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-01-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 18-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S.S. SHUKLA
• Section: 5(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “SMC” BENCH (Conducted Through Virtual Court) Before: Shri Rajpal Yadav, Vice President And Ms. Annapurna Gupta, Accountant Member Mahesh Bhikhabhai Karda Block No. 24A, Sindhi Colony, Near Airport Road, Sardarnagar, Ahmedabad (Appellant) Vs Dy. Commissioner of Income Tax, Circle- 7(2), Ahmedabad (Respondent) Assessee by: Shri Parimal Sinh B. Parmar, A.R. Revenue by: Shri S. S. Shukla, Sr. D.R. Date of hearing : 23-12-2021 Date of pronouncement : 10-01-2022 आदेश/ORDER PER : ANNAPURNA GUPTA, ACCOUNTANT MEMBER:- The present appeal has been filed by the Assessee against the order passed by the Commissioner of Income Tax (Appeals)-7, Ahmedabad, (in short referred to as CIT(A)), dated 30-04-2019, u/s. 250(6) of the Income Tax Act, 1961(hereinafter referred to as the “Act”) pertaining to Assessment Year (A.Y) 2012-13. 2. The Ld. Counsel for the assessee requested for withdrawal of the appeal on the ground that the assessee’s application for settlement of the dispute under the Vivad se Vishwas Scheme, 2020, had been accepted . Copy of Form No.5 ,issued under the said scheme ,by the PCIT -3 ,Ahmedabad ,being the order for full and final settlement of tax ITA No. 1206/Ahd/2019 Assessment Year 2012-13 I.T.A No. 1206/Ahd/2019 A.Y. 2012-13 Page No Mahesh Bhikhabhai Karda vs. DCIT 2 arrear u/s 5(2) of the said scheme r.w.s 6 of the scheme, dated 20-10-2021 ,was placed before us, as evidence. 3. The Ld. Departmental Representative for the Revenue stated that he has no objection to withdraw the appeals in the circumstances narrated on behalf of the assessee. 4. We have considered the submissions and applications of the assessee for withdrawal of the appeal as their applications have been approved under Vivad se Vishwas Scheme, 2020. A reference has been made in sub-section (2) & (3) of section 4 of Direct Tax Vivad se Vishwas Scheme, 2020 for the purpose of withdrawal of appeal. In the light of the provision made in the scheme and after considering the material on record, the aforesaid requests for withdrawal of appeal of the assessee to avail the VSV Scheme, 2020 in accordance with law are allowed. However, in case, any issue is remained un-resolved under the said scheme, then, the assessee will be at liberty to file the Miscellaneous Application to recall this order to restore the original appeal within the time limit provided in the act. 5. In the result, appeal filed by assessee is dismissed as withdrawn. Order pronounced in the open court on 10 -01-2022 Sd/- Sd/- (RAJPAL YADAV) (ANNAPURNA GUPTA) VICE PRESIDENT True Copy ACCOUNTANT MEMBER Ahmedabad : Dated 10/01/2022 आदेश कȧ ĤǓतͧलͪप अĒेͪषत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/आदेश से, उप/सहायक पंजीकार आयकर अपीलȣय अͬधकरण, अहमदाबाद