Kantilal N Patel, Ahmedabad V. The ITO, Ward-4(2)(2), Ahmedabad

ITA 1685/AHD/2019

AI Insights

The case involves Kantilal N Patel, the assessee, who appealed against the order of the Learned Commissioner of Income Tax (Appeals)-4, Ahmedabad, concerning an assessment order for the Assessment Year 2011-12 under sections 143(3) read with section 147 of the Income Tax Act, 1961. During the proceedings, the assessee decided to withdraw the appeal as he opted for the Direct Tax Vivad Se Vishwas Scheme, a scheme aimed at resolving pending tax disputes. The Tribunal acknowledged the withdrawal and dismissed the appeal accordingly.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 127154 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 1 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-01-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 28-12-2022
• Assessment Year: 2011-2012
• Appeal Filed On: 12-11-2019
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

आयकर अपील य अ धकरण, अहमदाबाद यायपीठ IN THE INCOME TAX APPELLATE TRIBUNAL, ‘’ SMC’’ BENCH, AHMEDABAD BEFORE SHRIWASEEM AHMED, ACCOUNTANT MEMBER आयकरअपीलसं./ITA No.1685/AHD/2019 नधा रणवष /Asstt. Year: 2011-12 Kantilal N Patel 1, Vaibhav Bungalow-2, Opp. Sun n Step Club, Thaltej, Ahmedabad-380061 PAN: AKZPP8218Q Vs. ITO Ward-4(2)(2), Ahmedabad (Applicant) (Respondent) Assessee by : Shri S. N. Divatia, A.R. & Shri Samir Vora, A.R. Revenue by : Shri Purushottam Kumar, Sr. D.R स ु नवाईक तार ख/Date of Hearing : 29/12/2022 घोषणाक तार ख/Date of Pronouncement: 04/01/2023 आदेश/O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER: The captioned appeal has been filed at the instance of the Assessee against the order of the Learned Commissioner of Income Tax(Appeals)-4, Ahmedabad, dated 26/09/2019 arising in the matter of assessment order passed under s.143(3) r.w.s. 147of the Income Tax Act, 1961 (here-in-after referred to as "the Act") relevant to the Assessment Year 2011-12. 2. When the matter was called for hearing, it is pointed out to the bench that the assessee has filed declaration and undertaking in Form No. 5 as per provisions of the Direct Tax Vivad Se Vishwas Act, 2020 to avail the benefit under the scheme. In view of this, the Ld. Counsel for the assessee submitted that assessee does not want to pursue the said appeal owing to exercise of option for availing VSV Scheme and it has complied with the requisite formalities, and sought permission for withdrawal of appeal before the Tribunal. The Ld. Counsel has placed on record copy of Form No. 5. ITA No.1685/AHD/2019 A.Y. 2011-12 2 3. The Ld. Departmental Representative for the Revenue stated that he has no objection if the assessee withdraws the appeal in the circumstances narrated above. 4. In the light of written request made on behalf of the captioned party, the appeal is dismissed as withdrawn. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any bona-fide reason, then the assessee concerned will be at liberty to seek restoration of original appeal for hearing before ITAT in accordance with law. 5. In the result, the captioned appeal is dismissed as withdrawn. Order pronounced in the Court on 04/01/2023 at Ahmedabad. Sd/- (WASEEM AHMED) ACCOUNTANT MEMBER Ahmedabad; Dated 04/01/2023 Tanmay, Sr. PS TRUE COPY आदेशक त ल प!े षत/Copy of the Order forwarded to : आदेशान ु सार/BY ORDER, उप/सहायकपंजीकार (Dy./Asstt.Registrar) आयकरअपील यअ धकरण, अहमदाबाद / ITAT, Ahmedabad 1. Date of dictation :30/12/2022 2. Date on which the typed draft is placed before the Dictating Member 30/12/2022 3. Date on which the approved draft comes to the Sr.P.S./P.S. - 02/01/2023 4. Date on which the fair order is placed before the Dictating Member for Pronouncement .................... 5. Date on which the file goes to the Bench Clerk.. : 04/01/2023 6. Date on which the file goes to the Head Clerk.................................. 7. The date on which the file goes to the Assistant Registrar for signature on the order.......................... Date of Despatch of the Order.................. 1. अपीलाथ / The Appellant 2. यथ / The Respondent. 3. संबं धतआयकरआय ु त/ Concerned CIT 4. आयकरआय ु त(अपील) / The CIT(A) 5. !वभागीय $त$न ध, आयकरअपील यअ धकरण/ DR, ITAT, 6. गाड&फाईल / Guard file.