Ramesh H Patel, Palanpur V. The ITO, Ward-1, Palanpur

ITA 2427/AHD/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1460 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 6 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 17-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S S SHUKLA

Judgement Text

, A IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD (CONDUCTED THROUGH VIRTUAL COURT) BEFORE SHRI RAJPAL YADAV, VICE-PRESIDENT AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER ITA NO.2427/AHD/2018 / ASSTT.YEAR : 2012-13 RAMESH H PATEL SHERI-2, JUNA LAXMIPURA PALANPUR, GUJARAT PAN : BBSPP 3551 M VS. ITO,WARD - 1 PALANPUR. ( APPLICANT ) ( RESPONENT ) ASSESSEE BY : WITHDRAWAL APPLICATION/SHRI JIMIT R. SHAH, AR REVENUE BY : SHRI S.S. SHUKLA, SR.DR / DATE OF HEARING : 01/07/2021 / DATE OF PRONOUNCEMENT: 01/07/2021 !'/ 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 23.10.2018 FOR ASSESSMENT YEAR 2012-13. 2. WHEN THE MATTER WAS CALLED FOR HEARING, IT IS NO TICED THAT THE ASSESSEE HAS FILED AN APPLICATION THROUGH EMAIL AT THE ITAT, AHMEDABAD REGISTRYS EMAIL ID THAT THE ASSESSEE INT ENT TO WITHDRAW HIS APPEAL UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2 020. ALONG WITH THE APPLICATION THE ASSESSEE FILED COPY OF FORM NO. 1 FOR INITIATION OF OPTING FOR VIVAD SE VISHWAS SCHEME. THE SAME IS PLA CED ON RECORD. IN OTHER WORDS, THE ASSESSEE WANTS TO RESOLVE THE ISSU E WITH THE DEPARTMENT BY AVAILING BENEFIT UNDER VIVAD SE VISHW AS SCHEME, AND ITA NO.2427/AHD/2018 2 NECESSARY FORMALITIES HAVE BEEN COMPLETED, AND THER EFORE, THE APPEAL OF THE ASSESSEE REQUIRES TO BE WITHDRAWN IN TERMS O F SCHEME. THE LD.DR HAS NO OBJECTION IF THE APPEAL OF THE ASSESSE E IS TREATED TO BE WITHDRAWN IN TERMS OF SCHEME OPTED BY THE ASSESSEE. 3.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 UNDER VSV SCHEME. ORDER PRONOUNCED IN THE COURT ON 1 ST JULY, 2021 AT AHMEDABAD. S D / - (WASEEM AHMED) ACCOUNTANT MEMBER S D / - (RAJPAL YADAV) VICE-PRESIDENT