Ankitkumar Pravinchandra Mehta, Ahmedabad V. ITO, Ward-4(2)(1), Ahmedabad

ITA 222/AHD/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5072 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 7 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 14-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PURSHOTTAM KUMAR

Judgement Text

, SMC IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD (CONDUCTED THROUGH VIRTUAL COURT) BEFORE SHRI RAJPAL YADAV, VICE-PRESIDENT AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER ITA NO.222/AHD/2019 / ASSTT.YEAR : 2015-16 ANKITKUMAR PRAVINCHANDRA MEHTA 202-203, TODAY SQUARE ABOVE PATEL DIARY OPP: VIDHYANAGAR SCHOOL NR.USMANPURA UNDERBRIDGE B/S.NABARD BUILDING USMANPURA, AHMEDABAD. PAN : AJZPM 8678 E VS. ITO, WARD - 4(2)(1) AHMEDABAD. ( APPLICANT ) ( RESPONENT ) ASSESSEE BY : SHRI DIVYANG SHAH, AR REVENUE BY : SHRI PURSHOTTAM KUMAR, SR.DR / DATE OF HEARING : 24/09/2021 / DATE OF PRONOUNCEMENT: 28/09/2021 !'/ O R D E R PER RAJPAL YADAV, VICE-PRESIDENT: THE ABOVE APPEAL FILED BY THE ASSESSEE ARISES FROM ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-4, AHMEDABAD D ATED 14.11.2018 FOR ASSESSMENT YEAR 2015-16. 2. WHEN THE MATTER WAS CALLED FOR HEARING, ASSESSEE HAS FILED A LETTER DATED 24.9.201 REQUESTING TO ALLOW WITHDRAWA L OF APPEAL PENDING BEFORE THE TRIBUNAL, IN VIEW OF THE FACT THAT THE A SSESSEE HAS OPTED FOR SETTLEMENT OF THE ISSUE WITH DEPARTMENT BY AVAILING BENEFIT UNDER DIRECT TAX VAVAD SE VISHWAS SCHEME. ALONG WITH THE LETTER, THE ASSESSEE HAS ATTACHED COPY OF FORM NO.1 TO 4 AS PER THE SCHEME. THE SAME ARE PLACED ON RECORD. THE LD.COUNSEL FOR THE A SSESSEE THEREFORE SEEKS WITHDRAWAL OF THE ABOVE APPEAL PENDING BEFORE THE TRIBUNAL SO AS TO AVAIL BENEFIT UNDER SCHEME. THE LD.DR HAS NO OBJECTION IF THE ITA NO.222/AHD/2019 2 APPEAL OF THE ASSESSEE IS TREATED TO BE WITHDRAWN I N TERMS OF SCHEME OPTED BY THE ASSESSEE. 3. IN THE LIGHT OF THE ABOVE SUBMISSION MADE BY ASS ESSEE, WE FIND NO REASON TO KEEP PENDING APPEAL OF THE ASSESSEE BE FORE THE TRIBUNAL. ACCORDINGLY, THE APPEAL OF THE ASSESSEE STANDS DISM ISSED. HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHEME FOR ANY REASONS, THEN THE ASSESSEE WILL BE AT LIBERTY T O SEEK RESTORATION OF ORIGINAL APPEAL FOR ADJUDICATION BEFORE ITAT IN ACC ORDANCE WITH LAW. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE STANDS DISMISSED AS WITHDRAWN UNDER VSV SCHEME. ORDER PRONOUNCED IN THE COURT ON 28 TH SEPTEMBER, 2021 AT AHMEDABAD. S D / - (WASEEM AHMED) ACCOUNTANT MEMBER S D / - (RAJPAL YADAV) VICE-PRESIDENT