Shri Shyam Lal Gurjar, Udaipur V. DCIT, Central Circle-2, Udaipur

ITA 198/JODH/2018

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 8810 (ITAT-JODHPUR)
• Duration Of Justice: 3 year(s) 6 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-11-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 06-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, JODHPUR BENCH, JODHPUR (VIRTUAL COURT) BEFORE: SHRI. N.K.SAINI, VICE PRESIDENT & SHRI N.K. CHOUDHRY, JUDICIAL MEMBER आयकर अपील सं./ ITA No.198/Jodh/2018 नधा रण वष / Assessment Year : 2012-13 Shri Shyam Lal Gurjar 11, Saifan Colony Bedla Road, Udaipur बनाम The Dy. CIT, Central Circle-2 Udaipur थायी लेखा सं./PAN NO: AOJPG7681L अपीलाथ /Appellant यथ /Respondent नधा रती क! ओर से/Assessee by : Shri Rakesh Lodha, CA राज व क! ओर से/ Revenue by : Shri S.M. Joshi, JCIT DR स ु नवाई क! तार&ख/Date of Hearing : 11/11/2021 उदघोषणा क! तार&ख/Date of Pronouncement : 11/11/2021 आदेश/Order PER N.K. SAINI, VICE PRESIDENT This is an appeal filed by the Assessee against the order of the Ld. CIT(A)-2, Udaipur dt. 16/02/2018. 2. In the present case, the Assessee furnished an application for withdrawal of this appeal stating therein as under: Ref An appeal no. 198/Jodh/2018, In case of Shyam Lai Gurjar , UdaipunPAN : AOJPG7681L). Sub Request for withdrawal of appeal for AY 2012-13 Most Respected Sirs Please refer to above cited reference it is submitted tnat . 1 An appeal no 198/Jodh/2018 for AY 2012-13 is pending against an order u/s 250 passed by the Ld CIT (Appeals)-2, Udaipur (copy of form 36 is enclosed herewith) 2 Meanwhile, we have applied under Vivad Se Vishwas Act, 2020 tor the year under appeal, and designated authority Ld PCIT. Jaipur has also approved proposal and issued Form No 3 vide acknowledgment number 265664700160221 dated 16-02-2021 (copy enclosed herewith). 3 33 3 Therefore, for submission of Form No 4 under Vivad Se Vishavas Scheme, I have to upload an evidence for withdrawal of said appeal for completion of remaining process under VSV Act. 2020. 2 4 Thus, it is humbly requested your honour to allow me to withdraw an appeal and oblige us. Thanking You Sincerely Yours Sd/- (Shyam Lal Gurjar) Appellant 3. During the course of hearing the Ld. Counsel for the Assessee submitted that since the assessee has availed the immunity scheme i.e; Vivad Se Vishwas and the Income Tax Department has since issued Form 3 bearing Certificate No. 265664700160221, in response to the application filed by the assessee, under section 5(1) of the Direct Tax Vivad se Vishwas Act, 2020, therefore the appeal of the assessee may be allowed to be withdrawn. 4. The Ld. DR did not object if appeal of the assessee is dismissed as withdrawn. 5. In view of the above the appeal of the assessee is dismissed as withdrawn. 6. In the result, appeal of the assessee is dismissed. (Order pronounced on 11/11/2021 ) Sd/- Sd/- (N.K. CHOUDHRY) (N.K. SAINI) JUDICIAL MEMBER VICE PRESIDENT AG Dated : 11/11/2021 आदेश क! त,ल-प अ.े-षत/ Copy of the order forwarded to : 1. The Appellant 2. The Respondent 3. CIT 4. The CIT(A) 5. DR, ITAT, JODHPUR 6. Guard File