Shri Manish Ratanchand Param, Surat V. Income Tax Officer, Ward -2(2)(3), Surat

ITA 358/SRT/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1555 (ITAT-SURAT)
• Duration Of Justice: 3 year(s) 5 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 08-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANUPAMA SINGLA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JM & DR. A. L. SAINI, AM ./ITA NO.358/SRT/2017 ( [ [ / ASSESSMENT YEAR: (2007-08) (VIRTUAL COURT HEARING) SHRI MANISH RATACHAND PARAM, B-1212-13, BHAKTIBHAVANKAJI MAIDAN, GOPIPURA, SURAT 395003. V S. THE INCOME TAX OFFICER, WARD-2(2)(3), SURAT. ./ ./ PAN/GIR NO.: AHGPP 9094 E (ASSESSEE) (RESPONDENT) ASSESSEE BY : NONE. RESPONDENT BY : MS.ANUPAMA SINGLA SR.DR / DATE OF HEARING : 04/06/2021 /DATE OF PRONOUNCEMENT : 04/06/2021 / O R D E R PER DR. A. L. SAINI, ACCOUNTANT MEMBER: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD.COMMISSIONER OF INCOME TAX(APPEALS)-1, [LD.CIT(A)], SURAT DATED 07.09.2017 FOR THE ASSESSMENT YEAR 2007-08. 2. AT THE OUTSET ITSELF, WE NOTE THAT NONE APPEARED ON BEHALF OF THE ASSESSEE, HOWEVER, ASSESSEE HAS SUBMITTED AN APPLICATION IN THE REGISTRY DATED 30.03.2021 STATING THEREIN THAT HE HAS OPTED THE BENEFIT OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 . A COPY OF FORM-3 UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, FILED BY THE ASSESSEE IN THE INCOME TAX DEPARTMENT ON 11.01.2021, VIDE CERTIFICATE NO.201213010110121 ISSUED BY PRINCIPAL COMMISSIONER OF INCOME TAX, SURAT- 1 FOR ITA NO.337/SRT/2017. WE FIND THAT THE ASSESSEE WHILE FILING THE APPLICATION BEFORE DESIGNATED AUTHORITY, FOR AVAILING THE BENEFIT OF VSV-20, MENTIONED THE APPEAL NO. AS ITA NO.337/SRT/2017 WHICH IS NOT THE CORRECT NUMBER OF ASSESSEES PAGE | 2 ITA NO.358/SRT/2017 FOR A.Y. 2007-08 SHRI MANISH RATANCHAND PARMAR APPEAL. THE CORRECT NUMBER OF ASSESSEES APPEAL IS ITA NO.358/SRT/2017 THEREFORE, THE CONCERNED AUTHORITIES ARE DIRECTED TO RECTIFY THE MISTAKE. FURTHER CONSIDERING THE FACTS THAT THE ASSESSEE HAS SETTLED THE DISPUTE WITH THE DEPARTMENT FOR ASSESSMENT BY VAILING THE BENEFIT FOR SCHEME UNDER VSV-20, AND HAS RECEIVED FORM-3 OF VSV-20, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN WITH LIBERTY TO THE ASSESSEE AS WELL AS TO THE REVENUE THAT IN CASE, IF THE APPLICATION PREFERRED BY THE ASSESSEE UNDER VSV-20 DOES NOT GET FINALLY SETTLED FOR ANY REASON WHATSOEVER, THEN BOTH THE PARTIES ARE AT LIBERTY TO PREFER MISCELLANEOUS APPLICATION BEFORE THIS TRIBUNAL FOR RESTORATION OF THIS APPEAL OR ANY FURTHER DIRECTION AND IN SUCH EVENT, THE APPEALS SHALL GET RESTORED. THE ASSESSEE PRAYED IN THE APPLICATION FOR WITHDRAWAL OF THE APPEAL TO WHICH, THE LEARNED DEPARTMENTAL REPRESENTATIVE DID NOT RAISE ANY OBJECTION. 3. WE HAVE GONE THROUGH THE FORM-3 FILED BY THE ASSESSEE TO OBTAIN THE BENEFIT OF VIVAD SE VISHWAS SCHEME AND NOTED THAT ASSESSEE HAS PRAYED FOR WITHDRAWAL OF THE APPEAL. THE LD.SR.DR FOR THE REVENUE DID NOT HAVE ANY OBJECTION IF THE SAID APPEAL IS WITHDRAWN BY THE ASSESSEE COMPANY. CONSEQUENTLY, WE TREAT THIS APPEAL AS WITHDRAWN. 4. IN THE RESULT, APPEAL OF THE ASSESSEE (IN ITA NO.358/SRT/2017 FOR THE AY.2007-08) IS DISMISSED AS WITHDRAWN. ORDER IS PRONOUNCED AT THE TIME OF HEARING OF APPEAL ON 04/06/2021 IN THE VIRTUAL COURT OF HEARING. SD/- SD/- (PAWAN SINGH) (DR. A.L. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER SURAT / / DATE: 04/06/2021 / SGR PAGE | 3 ITA NO.358/SRT/2017 FOR A.Y. 2007-08 SHRI MANISH RATANCHAND PARMAR COPY OF THE ORDER FORWARDED TO 1. THE ASSESSEE 2. THE RESPONDENT 3. THE CIT(A) 4. PR.CIT 5. DR/AR, ITAT, SURAT 6. GUARD FILE BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR/SR. PS/PS ITAT, SURAT