Shri Vrajlal Madhavji Bhut, JUNAGADH V. The Dy. Commr. of Income Tax, Cen. Cir.-2, RAJKOT-GUJARAT

ITA 301/RJT/2016

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3327 (ITAT-RAJKOT)
• Duration Of Justice: 4 year(s) 9 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 02-06-2021
• Assessment Year: 2012-2013
• Appeal Filed On: 11-08-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: OM PRAKASH SINGH
• Assessee Lawyers: MJ RANPURA
• Section: 143(3); 153A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT ( CONVENED THROUGH VIRTUAL COURT ) BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER ./ I.T.A. NO. 300 & 301/RJT/2016 ( / ASSESSMENT YEAR : 2011-12 & 2012-13) SHRI VRAJLAL MADHAVJI BHUT KAMDEV, BANSIDHAR SOCIETY, NEAR NOBAL SCHOOL, JOSHIPURA, JUNAGADH / VS. THE DEPUTY COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE-2, RAJKOT ./ ./ PAN/GIR NO. : ABSPB2408E ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI M. J. RANPURA, A.R. / RESPONDENT BY : SHRI OM PRAKASH SINGH, CIT D.R. / DATE OF HEARING 02/06/2021 '# / DATE OF PRONOUNCEMENT 02/06/2021 / O R D E R PER BENCH : BOTH CAPTIONED APPEALS HAVE BEEN FILED AT THE INSTA NCE OF THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF I NCOME TAX (APPEALS)-11, AHMEDABAD (CIT(A) IN SHORT), DATED 17.06.2016 & 16.06.2016; RESPECTIVELY ARISING IN THE ASSESSMENT ORDER BOTH DATED 20.03.2010 PASSED BY THE ASSESSING OFFICER (AO) UND ER S. 143(3) R.W.S. 153A OF THE INCOME TAX ACT, 1961 (THE ACT) CONCERNI NG AYS. 2011-12 & 2012-13. ITA NO. 300 & 301/RJT/2016 (SHRI VRAJLAL M. BHUT VS. DCIT) - 2 - 2. THE CAPTIONED ASSESSEE HAS SOUGHT TO WITHDRAW TH E APPEALS LISTED ABOVE ON THE GROUND THAT ASSESSEE HAS OPTED TO AVAI L BENEFITS OF VIVAD SE VISHWAS SCHEME, 2020 (VSV). WHEN THE MATTER WA S CALLED FOR HEARING, THE LD. COUNSEL FOR THE ASSESSEE AT THE OU TSET HAS SUBMITTED THAT HE DOES NOT SEEK TO PURSUE THE SAID APPEALS OWING T O EXERCISE OF OPTION FOR AVAILING VSV SCHEME AND CONSEQUENTLY REQUESTED THAT HIS APPLICATION FOR WITHDRAWAL OF APPEALS MAY PLEASE BE GRANTED. R EFERENCE WAS ALSO MADE TO WRITTEN REQUESTS IN THIS REGARD. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW THE APPEALS IN THE CIR CUMSTANCES NARRATED ON BEHALF OF THE ASSESSEE. 4. IN THE LIGHT OF ORAL/WRITTEN REQUEST MADE ON BEH ALF OF THE CAPTIONED ASSESSEE, BOTH THE APPEALS ARE DISMISSED AS WITHDRA WN. HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF V SV 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. 5. IN THE RESULT, BOTH CAPTIONED APPEALS ARE DISMIS SED AS WITHDRAWN. SD/- SD/- (MAHAVIR PRASAD) (PRADIP KUMAR K EDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: DATED 02/06/2021 TRUE COPY S. K. SINHA / COPY OF ORDER FORWARDED TO:- &. / REVENUE 2. / ASSESSEE (. )*+ , / CONCERNED CIT 4. ,- / CIT (A) /. 012 33*+4 *+#4 56) / DR, ITAT, AHMEDABAD THIS ORDER PRONOUNCED ON 02/06/2021 ITA NO. 300 & 301/RJT/2016 (SHRI VRAJLAL M. BHUT VS. DCIT) - 3 - 7. 289 : / GUARD FILE. BY ORDER / 4 DEPUTY/ASSTT. REGISTRAR ITAT, RAJKOT