Damyantiben Pravinchandra Manseta, Amreli V. Income Tax Officer, Ward-2(4), Amreli

ITA 435/RJT/2017

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 8101 (ITAT-RAJKOT)
• Duration Of Justice: 3 year(s) 11 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-11-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 05-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT Before: Shri Mahavir Prasad, Judicial Member and Shri Amarji Singh, Accountant Member [Conducted through E-Court at Ahmedabad] Da my antiben Pravinchand ra Manseta, Je sar Road, At: Sav arkund ala, Dist. Amerli PAN: AGUPM1 911A (Appellant) Vs ITO, Ward-2(4), Amerli (Resp ondent) R ev e nu e by : Sh r i S. S. R at hi , Sr . D .R . A s s es se e b y : W it h dr aw al A pp lic at io n D at e of he ar in g : 1 1- 1 1 - 2 0 2 1 D at e of pr o n ou nc e me nt : 18- 1 1 - 20 21 आदेश/ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:- This assessee’s appeal for A.Y. 2011-12, arises from order of the CIT(A)-3, Rajkot dated 19-09-2017, in proceedings under section 271(1)(c) of the Income Tax Act, 1961; in short “the Act”. 2. The assessee filed written submission to withdraw the appeal on the ground that he has opted to avail benefits of Vivad se Vishwas Scheme, 2020. When the matter was called for hearing, the ld. counsel for the assessee at the outset has submitted that he does not want to pursue the said appeal and requested that his application for withdrawal of appeal may please be granted. ITA No. 435/Rjt/2017 Assessment Year 2011-12 I.T.A No. 435/Rjt/2017 A.Y. 2011-12 Page No Damyantiben Pravinchandra Manseta vs. ITO 2 3. The ld. Departmental Representative for the Revenue stated that he has no objection to withdraw the appeal in the circumstances narrated on behalf of the assessee. 4. We have considered the submission and application of the assessee for withdrawal of the appeal. A reference 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 withdrawal of appeal of the assessee to avail the VSV Scheme, 2020 in accordance with law is allowed. However, in case, any issue is remained un-resolved under the said scheme, then, the assessee will be at liberty to file the Miscellaneous Application to recall this order to restore the original appeal within the time limit provided in the act. 5. In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 18-11-2021 Sd/- Sd/- (MAHAVIR PRASAD) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad : Dated 18/11/2021 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