Shri Devangkumar Mohanlal Patel, Surat V. The Income tax Officer,Ward-5(1), Surat

ITA 482/SRT/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9322 (ITAT-SURAT)
• Duration Of Justice: 2 year(s) 11 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 12-07-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANUPAMA SINGLA SRDR
• Section: 271(1)(c)

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. 482/SRT/2018 (AY 2008-09) (H EARING IN VIRTUAL COURT) SHRI DEVANGKUMAR MOHANLAL PATEL, 30, SAI NAGAR SOCIETY, NR. GUJARAT GAS COMPANY, ADAJAN, SURAT-395009. PAN : AGVPP4803D VS THE ITO, WARD-2(2)(1), SURAT. ASSESSEE / APPELLANT REVENUE /RESPONDENT ASSESSEE BY SHRI SHAUNAK ZAVERI- CA REVENUE BY MS. ANUPAMA SINGLA SR-DR DATE OF HEARING 29.06.2021 DATE OF PRONOUNCEMENT 29.06.2021 PER PAWAN SINGH, JUDICIAL MEMBER : 1. THIS APPEAL BY ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-2, SURAT DATED 03.05.2018, WHICH ARISES FROM THE PENALTY LEVIED UNDER SECTION 271(1)(C) VIDE ORDER DATED 13.04.2016 FOR ASSESSMENT YEAR (AY) 2008-09. THIS APPEAL CAME UP HEARING ON 29 TH JUNE 2021. THE ASSESSEE FILED AN APPLICATION INFORMING THE BENCH AND THE ASSESSEE HAS SETTLED THE DISPUTE IN QUANTUM ASSESSMENT IN ITA NO.1062- AHD-2012 BY OPTING BENEFIT OF VIVAD SE VISWAS SCHEME 2020 (VSV-20) AND RECEIVED FORM NO.3 VIDE ACKNOWLEDGEMENT NO.301375970230321 DATED 23.03.2021. 2. THE LEARNED AUTHORIZED REPRESENTATIVE (AR) OF THE ASSESSEE SUBMITS THAT ASSESSEE HAS SETTLED THE DISPUTE IN QUANTUM ASSESSMENT, THEREFORE THE LIABILITY ITA NO.482/SRT/2018/AY.2008-09 DEVANGMOHANBHAI PATEL 2 UNDER THE PENALTY UNDER SECTION 271(1)(C) WOULD BE SETTLED AUTOMATICALLY. THE AR OF THE ASSESSEE HAS PRAYED THAT THIS APPEAL MAY BE KEPT ABEYANCE TILL THE MATTER IS FINALLY SETTLED. 3. ON THE OTHER HAND, THE LEARNED DEPARTMENTAL REPRESENTATIVE (DR) FOR THE REVENUE HAS NO OBJECTION, IF THE PRESENT APPEAL OF THE ASSESSEE WOULD ALSO DISMISS AS WITHDRAWN. 4. WE HAVE CONSIDERED THE CONTENTION OF BOTH THE PARTIES AND FIND THAT THE ASSESSEE HAS RECEIVED FORM NO.3 IN ITA NO.1062-AHD-2012 VIDE ACKNOWLEDGEMENT NO.301375970230321 DATED 23.03.2021 FOR AY.2008- 09. ON FURTHER PERUSAL OF OUR RECORD, WE FIND THAT THE APPEAL IN QUANTUM ASSESSMENT VIDE ITA NO.1062/AHD/2012 WAS ADJUDICATED VIDE ORDER DATED 21.12.2018, WHEREIN THE APPEAL OF THE ASSESSEE WAS PARTLY ALLOWED. IN FACT AT THIS STAGE THE APPEAL IN QUANTUM IS NOT PENDING BEFORE TRIBUNAL. HOWEVER, KEEPING IN VIEW OF THE FACTS OF THE ASSESSEE HAS AVAILED THE BENEFIT OF VSV SCHEME AND APPLICATION OF ASSESSEE HAS BEEN ACCEPTED AND FORM NO.3 VIDE ACKNOWLEDGMENT NO.301375970230321 DATED 23.03.2021 WHICH IS ISSUED TO THE ASSESSEE BY DESIGNATED AUTHORITY. THEREFORE, CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE, THE APPEAL OF THE ASSESSEE IS IN ITA NO.482/SRT/2018, IS DISMISSED AS WITHDRAWN. HOWEVER, BOTH THE PARTIES ARE GIVEN LIBERTY THAT IN CASE , IF THE APPLICATIONS PREFERRED BY THE ASSESSEE UNDER ITA NO.482/SRT/2018/AY.2008-09 DEVANGMOHANBHAI PATEL 3 VSV-20 DOES NOT GET FINALLY SETTLED FOR ANY REASON WHATSOEVER, THEN BOTH THE PARTIES ARE AT LIBERTY TO PREFER MISCELLANEOUS APPLICATION (MA), BEFORE THIS TRIBUNAL FOR RESTORATION OF THIS APPEAL OR FURTHER DIRECTION AND IN SUCH EVENT, THE APPEALS SHALL GET RESTORED . 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER WAS ANNOUNCED AT THE TIME OF HEARING OF APPEAL ON 29 TH JUNE 2021 IN THE VIRTUAL COURT HEARING. SD/- SD/- ( DR ARJUN LAL SAINI) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER SURAT, DATED: /07/2021 SAMANTA,PS COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR 6. GUARD FILE TRUE COPY/ BY ORDER ASSISTANT REGISTRAR/SR. PS/ PS, ITAT, SURAT