ASHOK SONRAJ JAIN, SURAT V. ITO, WARD-2(3)(7), SURAT

ITA 443/SRT/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3007 (ITAT-SURAT)
• Duration Of Justice: 2 year(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-10-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 27-09-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DEEPEND KUMAR
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER ITA NO.443/SRT/2019 (AY 2007-08) (H EARING IN VIRTUAL COURT) ASHOK SONRAJJAIN, A-102, KADAMGIRI CHS LTD, STATION ROAD, NEAR DENA BANK, BHAYANDER (WEST), THANE. PAN: AAXPJ 5500 H VS THE INCOME TAX OFFICER- 2(3)(7), SURAT. ASSESSEE / APPELLANT REVENUE /RESPONDENT ASSESSEE BY SHRI HIMANSHU GANDHI CA REVENUE BY SHRI DEEPEND KUMAR SR.DR DATE OF HEARING 26.10.2021 DATE OF PRONOUNCEMENT 26 . 10 .2021 ORDER UNDER SECTION 254(1) OF INCOME TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER: 1. THIS APPEAL BY ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX(APPEALS)-1, SURAT DATED 29.07.2019 UNDER SECTION 143(3) R.W.S 147 OF THE I.T.ACT, 1961 FOR ASSESSMENT YEAR (AY) 2007-08 & 08-09. THIS APPEAL CAME UP HEARING ON 26 TH OCTOBER, 2021, THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITS THAT THE ASSESSEE HAS APPLIED FOR SEEKING THE BENEFITS OF VIVAD SE VISVAS SCHEME -2020 (VSV-20) AND RECEIVED FORM-3 OF VSV-20 FROM DESIGNATED AUTHORITY VIDE CERTIFICATE NO.102486770050121 DATED 05.01.2021, HENCE, THE LD.AR FOR THE ASSESSEE PRAYED FOR WITHDRAWAL OF THIS APPEAL. ITA NO.443/SRT/2019 FOR A.Y. 2007-08 ASHOK SONRAJ JAIN, THANE 2 2. ON THE OTHER HAND THE LEARNED SENIOR DEPARTMENTAL REPRESENTATIVE (SR. DR) SUBMITS THAT HE HAS NO OBJECTION, IF THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 3. WE HAVE CONSIDERED THE SUBMISSIONS OF BOTH THE PARTIES AND CONSIDERING THE FACTS THAT THE ASSESSEE HAS ALREADY FORM-3 UNDER VSV-20 VIDE ACKNOWLEDGEMENT NO. 102486770050121 DATED 05.01.2021 FROM DESIGNATED AUTHORITY, THE APPEAL OF THE ASSESSE IN ITA NO.443/SRT/2019 IS DISMISSED AS WITHDRAWN. HOWEVER, THE ASSESSEE AS WELL AS TO THE REVENUE IS GIVEN LIBERTY THAT IN CASE, IF THE APPLICATIONS 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 . 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER ANNOUNCED ON 26 TH OCTOBER, 2021 AT THE TIME OF HEARING IN VIRTUAL COURT HEARING. SD/- SD/- (DR ARJUN LAL SAINI) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER SURAT, DATED: 26/10/2021 / SGR* COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR 6. GUARD FILE ITA NO.443/SRT/2019 FOR A.Y. 2007-08 ASHOK SONRAJ JAIN, THANE 3 BY ORDER / / TRUE COPY / / SR.PVT. SECRETARY, ITAT, SURAT