Shri Jayesh Jayantilal Shah, Rajkot V. The Assistant Commissioner of Income Tax, Circle-2(3), Rajkot

ITA 347/RJT/2017

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 5531 (ITAT-RAJKOT)
• Duration Of Justice: 4 year(s) 8 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-06-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 10-10-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 6

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, RAJKOT BENCH, RAJKOT (through web-based video conferencing platform) BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER ITA No. 347/Rjt/2017 Assessment Year : 2013-14 Shri Jayesh Jayantilal Shah, (Prop. M/s. Crossword Agro Industries), Plot No.371, Aji Indu. Area, Near Amul Stove, 80 Feet Road, Rajkot PAN : AFHPS 6408 Q Vs The Asstt. Commissioner of Income-tax, Circle 2(3), Rajkot / (Appellant) / (Respondent) Assessee by : Withdrawal application Revenue by : Shri B.D. Gupta, Sr. DR /Date of Hearing : 15/06/2022 /Date of Pronouncement: 20/06/2022 आदेश/O R D E R PER MAHAVIR PRASAD, JUDICIAL MEMBER:- The assessee is in appeal before the Tribunal against the order of the learned Commissioner of Income-tax (Appeals)-2, Rajkot dated 19.07.2017 passed for Assessment Year 2013-14. 2. At the time of hearing before us, none appeared on behalf the assessee. However, vide application dated 09.06.2022, the assessee submitted that the assessee has opted to avail the benefits of “Vivad Se Vishwas Scheme 2020” and also submitted that the assessee has already received Form No.5, being the order for full and final settlement of tax arrears under the said Scheme, issued by the Principal Commissioner of Income Tax, Rajkot-1 in this regard, which is placed on record. 3. The learned Departmental Representative submitted that he has no objection to the withdrawal of the appeal in the circumstances narrated on behalf of the assessee. ITA No. 347/Rjt/2017 Shri Jayesh Jayantilal Shah Vs. ACIT AY 2013-14 - 2 - 4. We have considered the submission of the assessee for withdrawal of the appeal under the Scheme “Direct Tax Vivad se Vishwas 2020”. In the light of aforesaid request made by the assessee as also considering the Form No.5 submitted by the assessee towards the final settlement of tax arrears under Section 5(2) read with Section 6 of the Direct Tax Vivad Se Vishwas Act, 2020 (Form-5) issued by the PCIT, Rajkot-1, the appeal of the assessee is dismissed as withdrawn. However, in the event, the assessee fail to avail the benefit of “Vivad se Vishwas Scheme” for any bonafide reasons, then the assessee will be at liberty to seek restoration of original appeal for hearing before the ITAT in accordance with law. 5. In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the Court on 20 th June, 2022 at Ahmedabad. Sd/- Sd/- WASEEM AHMED (ACCOUNTANT MEMBER) MAHAVIR PRASAD (JUDICIAL MEMBER) Ahmedabad; Dated 20/06/2022 आदेश े /Copy of the Order forwarded to : 1. / The Appellant 2. / The Respondent. 3. ! / Concerned CIT 4. ! ( ) / The CIT(A) 5. $ % & ' ' , , हमद द / DR, ITAT, Rajkot 6. & ,- . / Guard file. आदेश न ु स र/ BY ORDER, TRUE COPY उ /सह ंज र (Dy./Asstt. Registrar) आ र ! "# र$,/ ITAT, Rajkot