Shri Vishnubhai Mafatlal Patel, Ahmedabad V. The DCIT, Central Circle-1(1), Ahmedabad

ITA 1837/AHD/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2513 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 3 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 02-06-2020
• Assessment Year: 2010-2011
• Appeal Filed On: 24-08-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: WITHDRAWAL VSVS
• Section: 5(2)

Judgement Text

, B IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD (CONDUCTED THROUGH VIRTUAL COURT) BEFORE SHRI RAJPAL YADAV, VICE-PRESIDENT AND SHRI PRADIPKUMAR KEDIA, ACCOUNTANT MEMBER ITA NO.1837/AHD/2018 / ASSTT.YEAR : 2010-11 VISHNUBHAI MAFATLAL PATEL 11, HINDU COLONY OPP: SARDAR PATEL STADIUM NAVRANGPURA, AHMEDABAD. PAN : AEHPP 8757 L VS. DCIT, CENT.CIR.(1)(3) AHMEDABAD. ( APPLICANT ) ( RESPONENT ) ASSESSEE BY : WITHDRAWAL VSVS REVENUE BY : SHRI JAMES KURIAN, SR.DR / DATE OF HEARING : 27/11/2020 / DATE OF PRONOUNCEMENT: 27/11/2020 !'/ O R D E R PER RAJPAL YADAV, VICE-PRESIDENT: THE ABOVE APPEALS FILED BY THE ASSESSEE ARISES FROM ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) (CIT(A)) DAT ED 27.6.2018 FOR ASSESSMENT YEAR 2010-11. 2. WHEN THE MATTER WAS CALLED FOR HEARING, IT IS PO INTED OUT TO THE BENCH THAT THE ASSESSEE HAS MOVED AN APPLICATION UN DER SECTION 5(2) READ WITH SECTION 4(3) OF THE DIRECT TAX VIVAD SE V ISHWAS ACT, 2020 FOR WITHDRAWAL OF ITS ABOVE APPEAL. IT IS PLEADED IN THE APPLICATION THAT THAT ASSESSEE DOES NOT SEEK TO PURSUE THE SAID APPE AL OWING TO EXERCISE OF OPTION FOR AVAILING VSV SCHEME AND IT HAS COMPLI ED WITH THE ITA NO.1837 /AHD/2018 2 REQUISITE FORMALITIES, AND CONSEQUENTLY REQUESTED T HAT THE APPLICATION FOR WITHDRAWAL OF APPEAL MAY PLEASE BE GRANTED. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT HE HAS NO OBJECTION FOR WITHDRAWAL OF THE APPEAL BY THE ASSESSEE IN THE CIRCUMSTANCES NARRATED IN THE APPLICATION. 4. IN THE LIGHT OF WRITTEN REQUEST MADE ON BEHALF O F THE ASSESSEE BY ASSESSEES REPRESENTATIVE, SHRI SHASHIN VISHNUBHAI PATEL, APPEAL OF THE ASSESSEE STANDS DISMISSED AS WITHDRAWN. HOWEVER, I N THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHEME F OR ANY BONAFIDE REASONS, THEN THE ASSESSEE WILL BE AT LIBERTY TO SE EK RESTORATION OF ORIGINAL APPEAL FOR ADJUDICATION BEFORE ITAT IN ACC ORDANCE WITH LAW. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED AS BEING WITHDRAWN UNDER VSV SCHEME. ORDER PRONOUNCED IN THE COURT ON 27 TH NOVEMBER, 2020 AT AHMEDABAD. S D / - (PRADIPKUMAR KEDIA) ACCOUNTANT MEMBER S D / - (RAJPAL YADAV) VICE-PRESIDENT AHMEDABAD; DATED 27/11/2020