Shri Valjibhai Kaluji Mali, Ahmedabad V. The ITO, Ward-4, Palanpur

ITA 18/AHD/2021

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 8561 (ITAT-AHMEDABAD)
• Duration Of Justice: 11 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-02-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 28-02-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S.S. SHUKLA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “A” BENCH (Conducted Through Virtual Court) Before: Shri Waseem Ahmed, Accountant Member And Shri Siddhartha Nautiyal, Judicial Member Valjibh ai Kaluji Mali C/o Divyang J. Shah , 201, 2n d Floor, Devashish Co mplex , Nr. Regenta Central Antari m Hotel, Off C. G. Road, Ah medabad PAN: AJRP G067 7R (Appellant) Vs ITO, Ward-4, Palanpur (Resp ondent) Asses see by : Shri Divya ng Shah, A. R. Revenue by : Shri S . S. Shukla, Sr. D. R. Date of hearing : 03-02 -2022 Date of pronouncement : 21-02 -2022 आदेश/ORDER PER : SIDDHARTHA NAUTIYAL, JUDICIAL 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 20/03/2020, relevant to the Assessment Year 2011-2012. ITA No. 18/Ahd/2021 Assessment Year 2011-12 I.T.A No. 18/Ahd/2021 A.Y. 2011-12 Page No. Shri Valjibhai Kaluji Mali Vs. ITO 2 2. The assessee has filed written submission to withdraw the appeal on the ground that with the introduction of Vivad Se Vishwas Scheme, the appellant has decided to avail the Scheme with respect to the said appeal and filed declaration and undertaking in Form Nos. 1, 2, 3, 4 & 5 under the Scheme on 03.02.2022. The assessee submitted that he has paid taxes and filed form 4 and the designated authority issued form 5 to settle the matter accordingly. The said declaration and undertaking were accepted by the Department. When the matter was called for hearing, the assessee submitted that he wants to resolve the issue with the department by availing benefit under Vivad Se Vishwas Scheme, and therefore the appeal of the Assessee is required to be withdrawn in terms of scheme. 2. The Ld. Departmental Representative of the Revenue had no objection if the appeal of the Assessee is treated to be withdrawn in terms of the Scheme opted by the assessee. 3. In the light of the above submission made by the assessee, we find no reason to keep the appeal pending of the Assessee before the Tribunal. Accordingly, the appeal of the Assessee stands dismissed. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any bonafide reason, then the assessee will be at liberty to seek restoration of original appeal for adjudication before the ITAT in accordance with law. I.T.A No. 18/Ahd/2021 A.Y. 2011-12 Page No. Shri Valjibhai Kaluji Mali Vs. ITO 3 4. In the result, the appeal of the Assessee is dismissed under VSV Scheme. Order pronounced in the open court on 21-02-2022 Sd/- Sd/- (WASEEM AHMED) (SIDDHARTHA NAUTIYAL) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad : Dated 21/02/2022 आदेश क त ल प अ े षत / 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 अपील य अ धकरण, अहमदाबाद