Shri Mehul Prakash Shah, Vapi V. The ACIT, Vapi Circle, Vapi

ITA 1762/AHD/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3429 (ITAT-SURAT)
• Duration Of Justice: 3 year(s) 3 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-10-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 20-07-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANUPAMA SINGLA
• Assessee Lawyers: A GOPALKRISHNAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JM & DR. A. L. SAINI, AM ./ITA NO.1762/AHD/2017 ( [ [ / ASSESSMENT YEAR: (2008-09) (VIRTUAL COURT HEARING) SHRI MEHUL PRAKASH SHAH PLOT NO. 128, OPP. HARIA HOSPITAL, GIDC, VAPI-396195- GUJARAT VS. ASSISTANT COMMISSIONER OF INCOME TAX- VAPI, SQUARE- II, 7 TH FLOOR, DAMAN ROAD, CHALA,VAPI-396191 ./ ./ PAN/GIR NO.: AEQPS7357Q (ASSESSEE) (RESPONDENT) ASSESSEE BY : SHRI A.GOPALKRISHNAN AR RESPONDENT BY : MISS ANUPAMA SINGLA SR. DR / DATE OF HEARING : 28/09/2020 /DATE OF PRONOUNCEMENT : : 27/10/2020 / O R D E R PER DR. A. L. SAINI, ACCOUNTANT MEMBER: THE CAPTIONED APPEAL FILED BY THE ASSESSEE PERTAINING TO ASSESSMENT YEAR 2008-09 IS DIRECTED AGAINST THE ORDER PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS), VALSAD [IN SHORT THE CIT], IN APPEAL NO.CIT(A)/VLS/346/16-17/445, DATED 15.05.2017, WHICH IN TURN ARISES OUT OF A PENALTY ORDER PASSED BY THE ASSESSING OFFICER UNDER SECTION 271(1) (C ) OF THE INCOME TAX ACT, 1961, ( HEREINAFTER REFERRED TO AS THE ACT), DATED 31.05.2016. 2. AT THE OUTSET, SHRI A.GOPALKRISHNAN, LEARNED COUNSEL FOR THE ASSESSEE, SUBMITTED BEFORE THE BENCH THAT ASSESSEE HAS OPTED THE BENEFIT OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 . A COPY OF FORM NO. 3 UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, WHICH HAS BEEN APPROVED BY THE DEPARTMENT ON 23.10.2020, IS PAGE | 2 ITA 1762/AHD/201 7 ASSESSMENT YEAR. 2008-09 SHRI MEHUL PRAKASH SHAH ALSO PLACED BEFORE THE BENCH. THE ASSESSEE BY WAY OF A LETTER DATED 24.10.2020, PRAYED THE BENCH FOR WITHDRAWAL OF THE APPEAL, TO WHICH, THE LEARNED DEPARTMENTAL REPRESENTATIVE (DR) DID NOT RAISE ANY OBJECTION. 3. WE HAVE HEARD BOTH THE PARTIES AND GONE THROUGH FORM NO. 3 FILED BY THE LD COUNSEL TO OBTAIN THE BENEFIT OF VIVAD SE VISHWAS SCHEME AND NOTED THAT ASSESSEE HAS PRAYED FOR WITHDRAWAL OF THE APPEAL. THE LD. DEPARTMENTAL REPRESENTATIVE (DR) FOR THE REVENUE DID NOT HAVE ANY OBJECTION IF THE SAID APPEAL IS WITHDRAWN BY THE ASSESSEE. CONSEQUENTLY, WE TREAT THIS APPEAL AS WITHDRAWN. 4. IN THE RESULT, ASSESSEES APPEAL IS TREATED AS DISMISSED. ORDER IS PRONOUNCED ON 27/10/2020, AS PER RULE 34 OF INCOME TAX APPELLATE TRIBUNAL, RULE 1963. SD/- SD/- (PAWAN SINGH) (DR. A.L. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER /SURAT / DATE: 27/10/2020 SAMANTA, PS COPY OF THE ORDER FORWARDED TO 1. THE ASSESSEE 2. THE RESPONDENT 3. THE CIT(A) 4. PR.CIT 5. DR/AR, ITAT, SURAT 6. GUARD FILE // TRUE COPY // BY ORDER ASSISTANT REGISTRAR/SR. PS/PS ITAT, SURAT