Shri Govindbhai Dwarkadas Patel, Unjha V. The ITO, Ward-2, Patan

ITA 587/AHD/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5391 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 08-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 144

Judgement Text

, SMC IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD ( CONVENED THROUGH VIRTUAL COURT ) BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER S. NO. APPEAL A.Y. APPELLANT (PAN NO.) RESPONDENT A.R.(SHRI) 1. ITA NO. 587/AHD/2019 2010-11 SHRI GOVINDBHAI DWARKADAS PATEL (AIHPP1811H) THE I.T.O., WARD-2, PATAN MEHUL K. PATEL REVENUE BY : SHRI PURUSHOTTAM KUMAR, SR. DR / DATE OF HEARING 21/09/2021 / DATE OF PRONOUNCEMENT 23/09/2021 / O R D E R PER MADHUMITA ROY, JM: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF I NCOME TAX (APPEALS), GANDHINAGAR, AHMEDABAD (CIT(A) IN SHOR T), DATED 04.02.2019 ARISING IN THE ASSESSMENT ORDER DATED 21 .12.2017 PASSED BY THE ITO, WARD-2, PATAN UNDER SECTION 144 R.W.S. 147 OF THE INCOME TAX ACT, 1961 (THE ACT) CONCERNING AY 20 10-11. 2. WHEN THE MATTER WAS CALLED FOR HEARING, IT IS PO INTED OUT TO THE BENCH THAT THE ASSESSEE HAS FILED DECLARATION A ND UNDERTAKING IN FORM NO. 1 AS PER PROVISIONS OF THE DIRECT TAX V IVAD SE VISHWAS ACT, 2020 FOR AVAILMENT OF THE BENEFIT UNDE R THE SCHEME. IN VIEW OF THIS, THE LD. COUNSEL FOR THE ASSESSEE S UBMITTED THAT ASSESSEE DOES NOT WANT TO PURSUE THE SAID APPEAL OW ING TO EXERCISE OF OPTION FOR AVAILING VSV SCHEME AND IT HAS COMPLI ED WITH THE REQUISITE FORMALITIES, AND SOUGHT PERMISSION FOR WI THDRAWAL OF ITA NO. 587/AHD/2019 A.Y. 2010-11 - 2 - APPEAL BEFORE THE TRIBUNAL. THE LD. COUNSEL HAS PL ACED ON RECORD COPY OF FORM NO. 1 AND 2. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW THE APPEALS IN THE CIRCUMSTANCES NARRATED ON BEHALF OF THE ASSESSEE. 4. IN THE LIGHT OF WRITTEN REQUESTS MADE ON BEHALF OF THE CAPTIONED PARTY, THE APPEAL IS DISMISSED AS WITHDRA WN. HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEF IT OF VSV SCHEME FOR ANY BONAFIDE REASONS, THEN THE ASSESSEE CONCERN ED WILL BE AT LIBERTY TO SEEK RESTORATION OF ORIGINAL APPEAL FOR HEARING BEFORE ITAT IN ACCORDANCE WITH LAW. 5. IN THE RESULT, THE CAPTIONED APPEAL IS DISMISSED AS WITHDRAWN. SD/- SD/- (WASEEM AHMED) (MADHUM ITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: DATED 23/09/2021 TRUE COPY TANMAY / COPY OF ORDER FORWARDED TO:- 1. / REVENUE 2. / ASSESSEE 3. ! ! ' / CONCERNED CIT . ! ! '- $%&' / CIT (A) 5. )*+&! ,-- , ! $%&' ! $ , $/0 / DR, ITAT, AHMEDABAD 6. +23 45' / GUARD FILE. BY ORDER / , 6%//! %& ! $%&' ! $ , $/0 7 1.DATE OF DICTATION ON 21.09.2021 AS PER VSVA F ORMAT 2.DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE TH E DICTATING MEMBER 21.09.2021 3.DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S./P.S. .09.2021 4.DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT .09.2021 5.DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR .P.S./P.S 23.09.2021 6.DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 23.09.2021 7.DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8.THE DATE ON WHICH THE FILE GOES TO THE ASSTT. REG ISTRAR FOR SIGNATURE ON THE ORDER 9.DATE OF DESPATCH OF THE ORDER THIS ORDER PRONOUNCED ON 23/09/2021