Shri Chetan Nathalal Kotak, RAJKOT V. The Deputy Commissioner Of Income Tax, Circle-2(1), RAJKOT

ITA 392/RJT/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3867 (ITAT-RAJKOT)
• Duration Of Justice: 2 year(s) 11 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-10-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 23-10-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S S RATHI
• Assessee Lawyers: MJ RANPURA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT BEFORE: SHRI AMARJIT SINGH, ACCOUNTANT MEMBER AND MS. MADHUMITA ROY, JUDICI AL MEMBER [CONDUCTED THROUGH E-COURT AT AH MEDABAD] SHRI CHETAN NATHALAL KOTAK, 8 TH FLOOR, GURUKRUPA TOWER, OPPOSITE TATA RASNAL OFFICE, LIMDA CHOWK, RAJKOT PAN: AQGPK3514K (APPELLANT) VS THE DY. CIT, CIRCLE-2(1), RAJKOT (RESPONDENT) REVENUE BY: SHRI S.S. RATHI, SR. D.R. ASSESSEE BY: SHRI M.J. RANPURA, A.R . DATE OF HEARING : 05-10-2021 DATE OF PRONOUNCEMENT : 06-10- 2021 /ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:- THIS ASSESSEES APPEAL FOR A.Y. 2010-11, ARISES FRO M ORDER OF THE CIT(A)-2, RAJKOT DATED 31-08-2018, IN PROCEEDINGS UNDER SECTION 143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961; IN SHORT T HE ACT. 2 THE ASSESSEE FILED WRITTEN SUBMISSION TO WITHDRAW THE APPEAL ON THE GROUND THAT HE HAS OPTED TO AVAIL BENEFITS OF V IVAD SE VISHWAS ITA NO. 392/RJT/2018 ASSESSMENT YEAR 2010-11 I.T.A NO. 392/RJT/2018 A.Y. 2010-11 PAGE NO SHRI CHETAN NATHALAL KOTAK VS. DY. CIT 2 SCHEME, 2020 AND IN HIS SUBMISSION THE ASSESSEE HAS ALSO ENCLOSED THE COPIES FORM NO. -3 ISSUED BY THE PR. CIT OF INCOME TAX FOR APPROVING THE APPLICATION FILED BY THE ASSESSEE UNDER THE VIV AD SE VISHWAS SCHEME, 2020. WHEN THE MATTER WAS CALLED FOR HEARI NG, THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET HAS SUBMITTED THAT H E DOES NOT WANT TO PURSUE THE SAID APPEAL SINCE HIS APPLICATION UNDER VIVAD SE VISHWAS SCHEME, 2020 HAS BEEN APPROVED BY THE INCOME TAX DE PARTMENT AND REQUESTED THAT HIS APPLICATION FOR WITHDRAWAL OF AP PEAL MAY PLEASE BE GRANTED. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW THE APPEAL IN THE C IRCUMSTANCES NARRATED ON BEHALF OF THE ASSESSEE. 4. WE HAVE CONSIDERED THE SUBMISSION AND APPLICATIO N OF THE ASSESSEE FOR WITHDRAWAL OF THE APPEAL AS HIS APPLIC ATION HAS BEEN APPROVED UNDER VIVAD SE VISHWAS SCHEME, 2020. A R EFERENCE HAS BEEN MADE IN SUB-SECTION (2) & (3) OF SECTION 4 OF DIRECT TAX VIVAD SE VISHWAS SCHEME, 2020 FOR THE PURPOSE OF WITHDRAWAL OF APPEAL. IN THE LIGHT OF THE PROVISION MADE IN THE SCHEME AND AFTER CONSIDERING THE MATERIAL ON RECORD, THE AFORESAID REQUEST FOR WITHD RAWAL OF APPEAL OF THE ASSESSEE TO AVAIL THE VSV SCHEME, 2020 IN ACCORDANC E WITH LAW IS ALLOWED. HOWEVER, IN CASE, ANY ISSUE IS REMAINED U N-RESOLVED UNDER THE SAID SCHEME, THEN, THE ASSESSEE WILL BE AT LIBE RTY TO FILE THE I.T.A NO. 392/RJT/2018 A.Y. 2010-11 PAGE NO SHRI CHETAN NATHALAL KOTAK VS. DY. CIT 3 MISCELLANEOUS APPLICATION TO RECALL THIS ORDER TO R ESTORE THE ORIGINAL APPEAL WITHIN THE TIME LIMIT PROVIDED IN THE ACT. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 06-10-2021 SD/- SD/- (MADHUMITA ROY) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 06/10/2021 / 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