Shri Kanaiyalal Bhulabhai Patel, Panchmahal V. ITO, Ward-1, Godhra

ITA 1901/AHD/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4173 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 8 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 07-09-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R R MAKWANA

Judgement Text

, SMC IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD (CONDUCTED THROUGH VIRTUAL COURT) BEFORE SHRI RAJPAL YADAV, VICE-PRESIDENT ITA NO.1901/AHD/2018 / ASSTT.YEAR : 2010-11 SHRI KANAIYALAL BHULABHAI PAEL PRIMARY SCHOOL BHATPURA, MOHIYANA TALAB LUNAWADA PANCHMAHAL-389230 PAN : AEAPP 1768 C VS. ITO, WARD - 1 GODHRA. ( APPLICANT ) ( RESPONENT ) ASSESSEE BY : SHRI SUNIL TALATI, AR REVENUE BY : SHRI R.R.MAKWANA, SR.DR / DATE OF HEARING : 24/05/2021 / DATE OF PRONOUNCEMENT: 01/06/2021 !'/ O R D E R THE ABOVE APPEAL FILED BY THE ASSESSEE ARISES FROM ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-VI, BARODA DAT ED 10.9.2013 FOR ASSESSMENT YEAR 2010-11. 2. WHEN THE MATTER WAS CALLED FOR HEARING, IT IS SU BMITTED BY THE LD.COUNSEL FOR THE ASSESSEE THAT THE ASSESSEE HAS O PTED FOR VIVAD SE VISHWAS SCHEME AND THE APPLICATION HAS ALSO BEEN AC CEPTED BY PR.CIT AND ISSUED FORM NO.3 TO THIS EFFECT. ASSESSEE HAS PLACED ON RECORD COPY OF FORM NO.3. IT IS THEREFORE SUBMITTED THAT THE ASSESSEE MAY BE GIVEN PERMISSION TO WITHDRAW HIS APPEAL FOR AVAILIN G BENEFIT UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020. THE LD.COUN SEL FOR THE ASSESSEE HAS FILED A LETTER DATED 22.5.2021 TO THIS EFFECT. THE LD.DR ITA NO.1901/AHD/2018 2 HAS NO OBJECTION IF THE APPEAL OF THE ASSESSEE IS T REATED TO BE WITHDRAWN IN TERMS OF SCHEME OPTED BY THE ASSESSEE. 3. IN THE LIGHT OF THE ABOVE SUBMISSION MADE BY ASS ESSEE, I FIND NO REASON TO KEEP PENDING APPEAL OF THE ASSESSEE BEFOR E THE TRIBUNAL SINCE THE ASSESSEE HAS EXERCISED ITS OPTION TO SETT LE THE ISSUE AS PER VIVAD SE VISHWAS SCHEME. ACCORDINGLY, THE APPEAL O F THE ASSESSEE STANDS DISMISSED. HOWEVER, IN THE EVENT, THE ASSESS EE FAILS TO AVAIL THE BENEFIT OF VSV SCHEME FOR ANY REASONS, THEN THE ASS ESSEE WILL BE AT LIBERTY TO SEEK RESTORATION OF ORIGINAL APPEAL FOR ADJUDICATION BEFORE ITAT IN ACCORDANCE WITH LAW. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE STANDS DISMISSED UNDER VSV SCHEME. ORDER PRONOUNCED IN THE COURT ON 1 ST JUNE, 2021 AT AHMEDABAD. S D / - (RAJPAL YADAV) VICE-PRESIDENT