Shri Jigneshbhai H.Patel, Bharuch V. The Income Tax Officer, Ward-3, Bharuch

ITA 1984/AHD/2014

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2555 (ITAT-SURAT)
• Duration Of Justice: 6 year(s) 11 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 26-07-2017
• Assessment Year: 2007-2008
• Appeal Filed On: 03-07-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANUPMA SINGLA
• Assessee Lawyers: MEHUL K PATEL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER ITA NO. 1984/AHD/2014 (AY 2007-08) (H EARING IN VIRTUAL COURT) SHRI JIGNESH H. PATEL A-68, RADHAKRISHNA SOCIETY, ZADESHWAR ROAD, BHARUCH-392001 PAN : AHPPP6817L VS THE ITO, WARD-3, BHARUCH. ASSESSEE / APPELLANT REVENUE /RESPONDENT ASSESSEE BY SH. MEHUL K. PATEL- AR REVENUE BY MS. ANUPMA SINGLA SR. DR DATE OF HEARING 18.06.2021 DATE OF PRONOUNCEMENT 18 .06.2021 ORDER UNDER SECTION 254(1) OF INCOME TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER : 1. THIS APPEAL BY ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-VI, BARODA DATED 04.03.2014 FOR ASSESSMENT YEAR (AY) 2007-08 . THE LD. AUTHORIZED REPRESENTATIVE (AR) OF THE ASSESSEE SUBMITS THAT ASSESSEE HAS APPLIED FOR SEEKING THE BENEFIT OF VIVAD SE VISVAS SCHEME -2020 (VSVS-20), THE ASSESSEE HAS NOT RECEIVED FORM-3 OF VSVS- 20, FROM DESIGNATED AUTHORITY. THE LEARNED COUNSEL SUBMITS THAT ONCE FORM-3 IS RECEIVED THE ASSESSEE WOULD WITHDRAW HIS APPEAL. 2. AT THE TIME OF HEARING IT WAS SUGGESTED TO THE LEARNED COUNSEL THAT AT THIS JUNCTURE WE ARE DISMISSING THE APPEAL ON THE GROUND THAT THE ASSESSEE HAS ALREADY APPLIED FOR SEEKING THE BENEFIT OF VSVS-20, AND IN CASE THE DISPUTE OF ITA NO. 1136/AHD/2017 NARESHBHAI VALLBHBHAI THUMMAR (AY 2012-13) 2 TAX IS NOT SETTLED DUE TO ANY REASONS THE APPEAL OF THE ASSESSEE WILL BE RESTORED. THE LEARNED COUNSEL FOR THE ASSESSEE FAIRLY AGREED FOR WITHDRAWAL OF THE APPEAL AND PRAYED THAT THE ASSESSEE MAY BE GIVEN EXPRESS LIBERTY TO MOVE APPROPRIATE MISCELLANEOUS APPLICATION FOR RESTORATION OF ALL THE APPEALS IN CASE THE APPEAL IS NOT FINALLY SETTLED DUE TO ANY TECHNICAL REASONS. 3. ON THE OTHER HAND, THE LEARNED SENIOR DEPARTMENTAL REPRESENTATIVE (SR. DR) SUBMITS THAT SHE HAS NO OBJECTION, IF THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN AS SUGGESTED BY THIS BENCH. 4. WE HAVE CONSIDERED THE SUBMISSIONS OF BOTH THE PARTIES AND CONSIDERING THE FACTS THAT THE ASSESSEE HAS ALREADY FILED APPLICATION BEFORE THE PRESCRIBED AUTHORITY UNDER VSVS-20 WITH THE DEPARTMENT FOR THE ASSESSMENT YEAR NARRATED ABOVE FOR AVAILING THE BENEFIT OF SCHEME UNDER VSVS-20. HOWEVER, FORMS-3 OF VSVS-20, HAVE NOT YET ISSUED BY THE AUTHORITY, HENCE, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN WITH LIBERTY TO THE ASSESSEE AS WELL AS TO THE REVENUE THAT IN CASE, IF THE APPLICATION PREFERRED BY THE ASSESSEE UNDER VSVS-20 DOES NOT GET FINALLY SETTLED FOR ANY REASON WHATSOEVER, THEN BOTH THE PARTIES ARE AT LIBERTY TO PREFER MISCELLANEOUS APPLICATION BEFORE THIS TRIBUNAL FOR RESTORATION OF THIS APPEAL OR ANY FURTHER DIRECTION AND IN SUCH EVENT, THE APPEAL SHALL GET RESTORED . ITA NO. 1136/AHD/2017 NARESHBHAI VALLBHBHAI THUMMAR (AY 2012-13) 3 5. AFTER ISSUANCE OF FORM-3 OF VSVS-20 IN THE APPEAL, THE ASSESSING OFFICER IS DIRECTED TO PASS CONSEQUENTIAL ORDER AS PER CBDT CIRCULAR NO. 3/2021 DATED 04.03.2021. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER ANNOUNCED AT THE TIME OF HEARING OF APPEAL ON 18 TH JUNE 2021 IN THE VIRTUAL COURT HEARING. SD/- SD/- ( DR ARJUN LAL SAINI) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER SURAT, DATED: 18/06/2021 SK, PS COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR 6. GUARD FILE TRUE COPY/ BY ORDER ASSISTANT REGISTRAR, ITAT, SURAT TRUE COPY/