Smt. Mamtaben Sanjaykumar Makadiya, Ahmedabad V. The DCIT, Central Circle-1, Rajkot

ITA 14/RJT/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2138 (ITAT-RAJKOT)
• Duration Of Justice: 1 year(s) 10 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 24-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RANJIT SINGH
• Assessee Lawyers: MUKESH KHANDWALA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT (THROUGH VIRTUAL COURT) BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER ./ I.T.A. NOS. 13&14/RJT/2019 ( / ASSESSMENT YEARS: 2010-11&2011-12) MAMTABEN SANJAYKUMAR MAKADIYA A-1, KIRAN APARTMENT, NR. LALBHAI SHETH BUNGLOWS, SHAHIBAUG, AHMEDABAD-380004 / VS. DCIT CENTRAL CIRCLE-1, RAJKOT ./ ./ PAN/GIR NO. : BARPM0206J ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI MUKESH KHANDWALA, AR, / RESPONDENT BY : SHRI RANJIT SINGH, CIT DR / DATE OF HEARING 01/12/2020 !'# / DATE OF PRONOUNCEMENT 03/12/2020 $%/ O R D E R PER BENCH: THE INSTANT APPEALS FILED BY THE ASSESSEE ARE DIREC TED AGAINST THE ORDER DATED 28.11.2018 PASSED BY THE COMMISSION ER OF INCOME TAX (APPEALS) 4, AHMEDABAD ARISING OUT OF THE ASSE SSMENT ORDER DATED 21.12.2017 PASSED BY THE DCIT, CENTRAL CIRCLE -1, RAJKOT UNDER SECTION 143(3) R.W.S. 147 OF THE INCOME TAX A CT, 1961 (HEREINAFTER REFERRED AS TO THE ACT) FOR ASSESSME NT YEARS 2010-11 & 2011-12. 2. THE CAPTIONED ASSESSEE HAS SOUGHT TO WITHDRAW TH E APPEAL LISTED ABOVE ON THE GROUND THAT ASSESSEE HAS OPTED TO AVAIL BENEFITS OF VIVAD SE VISHWAS SCHEME, 2020 (VSV). AS PER LE TTER DATED ITA NOS.13&14/RJT/2018 A.YS. 2010-11&2011-12 - 2 - 25.11.2020 FILED BY ASSESSEE, IT IS SUBMITTED THAT ASSESSEE DOES NOT SEEK TO PURSUE THE SAID APPEAL OWING TO EXERCISE OF OPTION FOR AVAILING VSV SCHEME AND CONSEQUENTLY REQUESTED THAT ASSESSEES APPLICATION FOR WITHDRAWAL OF APPEAL MAY PLEASE BE GRANTED. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW THE APPEALS IN THE CIRCUMSTANCES NARRATED ON BEHALF OF THE ASSESSEE. 4. IN THE LIGHT OF WRITTEN REQUESTS MADE ON BEHALF OF THE CAPTIONED PARTY, THE APPEAL IS DISMISSED AS WITHDRAWN. HOWEV ER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHE ME 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) (MADHU MITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: DATED 03/12/2020 TANMAY TRUE COPY / COPY OF ORDER FORWARDED TO:- 1. / REVENUE 2. $ / ASSESSEE 3. ) *+ , / CONCERNED CIT 4. ,- / CIT (A) 5. 012 33*+, *+#, 56$)$ / DR, ITAT, AHMEDABAD 6. 289 : / GUARD FILE. BY ORDER / $% , / !' ( DY./ASSTT.REGISTRAR) '# $ , !; / ITAT, RAJKOT THIS ORDER PRONOUNCED IN OPEN COURT ON 0 3/12/2020