Shri Manshukhlal Maganlal Patel(HUF), Rajkot V. The Assistant Commissioner Of Income Tax, Circle-2(1), Rajkot

ITA 384/RJT/2018

• Counselvise Citation: [2022] 107 COUNSELVISE.COM (IT) 1515 (ITAT-RAJKOT)
• Duration Of Justice: 3 year(s) 8 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-06-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 17-10-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT Before: Shri Waseem Ahmed, Accountant Member And Shri Siddhartha Nautiyal, Judicial Member Mansukhlal Maganlal Patel-HUF, “Shiv-Krupa”, 33-Paras Society, Nirmala Convent Road, Rajkot PAN: AAHHP0699F (Appellant) Vs The ACIT, Central Circle-1, Rajkot (Respondent) Assessee by: Written Submission Revenue by: Shri B.D. Gupta, Sr. D.R. Date of hearing : 28-06-2022 Date of pronouncement : 01-07-2022 आदेश/ORDER PER BENCH:- This assessee’s appeal for A.Y. 2011-12, arises from order of the CIT(A)-11, Ahmedabad dated 02-07-2018, in proceedings under section 143(3) r.w.s. 147 of the Income Tax Act, 1961; in short “the Act”. ITA No. 384/Rjt/2018 Assessment Year 2011-12 I.T.A No. 384/Rjt/2018 A.Y. 2011-12 Page No Shri Mansukhlal Maganlal Patel (HUF) Vs. ACIT 2 2. The assessee has requested to withdraw the appeal vide letter dated nil on the ground that with the introduction of Vivad Se Vishwas Scheme, the appellant has decided to avail the Scheme with respect to the said appeal and therefore the appeal of the Assessee is required to be withdrawn in terms of scheme. 3. The Ld. Departmental Representative of the Revenue had no objection if the appeal of the Assessee is treated to be withdrawn in terms of the Scheme opted by the assessee. 4. In the light of the above submission made by the assessee, we find no reason to keep the appeal pending of the Assessee before the Tribunal. Accordingly, the appeal of the Assessee stands dismissed. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any bonafide reason, then the assessee will be at liberty to seek restoration of original appeal for adjudication before the ITAT in accordance with law. 5. In the result, the appeal of the Assessee is dismissed under VSV Scheme. Order pronounced in the open court on 01-07-2022 Sd/- Sd/- (WASEEM AHMED) (SIDHHARTHA NAUTIYAL) ACCOUNTANT MEMBER JUDICIAL MEMBER I.T.A No. 384/Rjt/2018 A.Y. 2011-12 Page No Shri Mansukhlal Maganlal Patel (HUF) Vs. ACIT 3 Rajkot : Dated 01/07/2022 आदेश क त ल प अ े षत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order, Assistant Registrar, Income Tax Appellate Tribunal, Rajkot