Vastupal Jayntilal Shah, Ahmedabad V. ITO, Ward-1(3)(3), Ahmedabad

ITA 471/AHD/2019

• Counselvise Citation: [2022] 103 COUNSELVISE.COM (IT) 9516 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 7 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-10-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 15-08-2022
• Assessment Year: 2010-2011
• Appeal Filed On: 19-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 5(2)

Judgement Text

आयकर अपीलीय अिधकरण, अहमदाबाद ᭠यायपीठ IN THE INCOME TAX APPELLATE TRIBUNAL, ‘’ A’’ BENCH, AHMEDABAD BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER, And SHRI T.R SENTHIL KUMAR, JUDICIAL MEMBER आयकर अपील सं./ITA No. 471/AHD/2019 िनधाᭅरण वषᭅ/Asstt. Year: 2010-2011 Vastupal Jayantilal Shah, Prop.M/s. Vastupal Agency, 21-J D Chambers, Hiren Cloth Market, Revadi Bazar, Kalupur, Ahmedabad. PAN: AQLPS4798L Vs. I.T.O, Ward-1(3)(3), Ahmedabad. (Applicant) (Respondent) Assessee by : Withdrawal Revenue by : Shri Vijay Kumar Jaiswal, CIT. D.R सुनवाई कᳱ तारीख/Date of Hearing : 16/08/2022 घोषणा कᳱ तारीख /Date of Pronouncement: 31/10/2022 आदेश/O R D E R PER WASEEM AHMED ACCOUNTANT MEMBER: The captioned appeal has been filed at the instance of the Assessee against the order of the Learned Principal Commissioner of Income Tax, Ahmedabad, dated 21/01/2019 arising in the matter of assessment order passed under s. 143(3) of the ITA no. 471/AHD/2019 Asstt. Year 2010-11 2 Income Tax Act, 1961 (here-in-after referred to as "the Act") relevant to the Assessment Year 2015-2016. 2. The assessee has filed a letter dated 30/06/2022 stating that he wants to resolve the issue with the department by availing benefit under Vivad Se Vishwas Scheme. Therefore, the appeal of the Assessee is required to be withdrawn in terms of scheme. The assessee has filed copy of form number 5 being the certificate issued under section 5(2) of the Direct Tax Vivad Se Vishwas Act, 2020. The Ld. DR had no objection if the appeal of the Assessee is treated to be withdrawn in terms of the scheme opted by the assessee. 3. 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 bona-fide reason, then the assessee will be at liberty to seek restoration of original appeal for adjudication before the ITAT in accordance with the law. 4. In the result, the appeal of the Assessee is dismissed under VSV Scheme. Order pronounced in the Court on 31/10/2022 at Ahmedabad. Sd/- Sd/ Sd/- Sd/- (T.R SENTHIL KUMAR) (WASEEM AHMED) JUDICIAL MEMBER ACCOUNTANT MEMBER (True Copy) (True Copy) Ahmedabad; Dated 31/10/2022 Manish