Shri Rajpal Prahladbhai Mehta (HUF), Ahmedabad V. The ACIT(OSD), Circle -10, Now Circle-5, Ahmedabad

ITA 271/AHD/2016

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2027 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 4 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2003-2004
• Appeal Filed On: 03-02-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH ( CONVENED THROUGH VIRTUAL COURT ) BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER & SHRI WASEEM AHMED, ACCOUNTANT MEMBER S.NO APPEAL A.Y. APPELLANT (PAN NO.) RESPONDENT A.R. 1 ITA NO. 271 /AHD/2016 2003-04 SHRI RAJPAL PRAHLADBHAI MEHTA (HUF) (AABHM6571K) ACIT (OSD) CIRCLE 5, AHMEDABAD MS. URVASHI SHODHAN 2 ITA NO. 272 /AHD/2016 2003-04 SMT. NAJUBEN RAJPAL MEHTA (ACSPM 2375K) ACIT CIRCLE- 10, NOW CIRCLE- 5, AHMEDABAD MS. URVASHI SHODHAN 3 ITA NO. 273/AHD/2016 2003-04 SMT. SUDHABEN PRAHLADBHAI MEHTA (ACSPM2369Q) ACIT (OSD) CIRCLE 5, AHMEDABAD MS. URVASHI SHODHAN 4 ITA NO. 2735/AHD/2012 2003-04 SHRI RAJPAL PRAHLAD MEHTA (HUF) (AABHM 6571K) ACIT (OSD), CIRCLE-10, AHMEDABAD MS. URVASHI SHODHAN 5 ITA NO. 2736/AHD/2012 2003-04 SHRI RAJPAL P.MEHTA L/H. OF PRAHLAD S. MEHTA (AAYPM5916F) ITO, WARD- 10(3), AHMEDABAD MS. URVASHI SHODHAN 6 ITA NO. 2737/AHD/2012 2003-04 SHRI PRAHLAD S. MEHTA (HUF) (AAEHM3827M) ITO, WARD- 10(3), AHMEDABAD MS. URVASHI SHODHAN 7 ITA NO. 2738/AHD/2012 2003-04 SMT. SUDHABEN P. MEHTA (ACSPM2369G) ACIT (OSD), CIRCLE-10, AHMEDABAD MS. URVASHI SHODHAN 8 ITA NO. 2739/AHD/2012 2003-04 SMT. NAJUBEN R. MEHTA (ACSPM2375E) ACIT, CIRCLE- 10, AHMEDABAD MS. URVASHI SHODHAN REVENUE BY : SHRI S. S. SHUKLA, SR. D.R. / DATE OF HEARING 25/06/2021 / DATE OF PRONOUNCEMENT 28/06/2021 ITA NOS. 271/AHD/2016 & 7 ORS. - 2 - / O R D E R PER BENCH THE CAPTIONED EIGHT APPEALS ARISE FROM THE RESPECTIVE ORDERS OF THE COMMISSIONER OF INCOME TAX (APPEALS) (CIT(A)) AGAINST DIFFERENT ASSESSMENT YEARS. 2. THE CAPTIONED ASSESSEES HAVE SOUGHT TO WITHDRAW THE APPEALS LISTED ABOVE ON THE GROUND THAT THEY HAVE OPTED TO AVAIL BENEFITS OF VIVAD SE VISHWAS SCHEME, 2020 (VSV). WHEN THE MATTER WAS CALLED FOR HEARING, THE LD. COUNSELS FOR THE ASSESSEE AT THE OUTSET HAVE SUBMITTED THAT THEY DO NOT SEEK TO PURSUE THE SAID APPEALS OWING TO EXERCISE OF OPTION FOR AVAILING VSV SCHEME AND CONSEQUENTLY REQUESTED THAT THEIR APPLICATIONS FOR WITHDRAWAL OF APPEALS MAY PLEASE BE GRANTED. REFERENCE WAS ALSO MADE TO WRITTEN REQUESTS IN THIS REGARD. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW THE APPEALS IN THE CIRCUMSTANCES NARRATED ON BEHALF OF THE ASSESSEE. 4. IN THE LIGHT OF ORAL/WRITTEN REQUESTS MADE ON BEHALF OF THE CAPTIONED PARTIES, ALL THE APPEALS ARE DISMISSED AS WITHDRAWN. HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHEME FOR ANY BONAFIDE REASONS, THEN THE ASSESSEE CONCERNED WILL BE AT LIBERTY TO SEEK RESTORATION OF ORIGINAL APPEALS FOR HEARING BEFORE ITAT IN ACCORDANCE WITH LAW. ITA NOS. 271/AHD/2016 & 7 ORS. - 3 - 5. IN THE RESULT, ALL CAPTIONED APPEALS ARE DISMISSED AS WITHDRAWN. SD/- SD/- (WASEEM AHMED) (MAHAVIR PRASAD) ACCOUNTANT MEMBER TRUE COPY JUDICIAL MEMBER AHMEDABAD: DATED 28/06/2021 RAJESH KUMAR / COPY OF ORDER FORWARDED TO:- 1. / REVENUE 2. / ASSESSEE 3. / CONCERNED CIT 4. - / CIT (A) 5. , , / DR, ITAT, AHMEDABAD 6. [ / GUARD FILE. BY ORDER / , / , THIS ORDER PRONOUNCED ON 28/06/2021