Bhaskar Pranlal Vibhakar, Ahmedabad V. ITO, Ward-5(2), Ahmedabad

ITA 658/AHD/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0492 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 11 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 24-03-2020
• Assessment Year: 2005-2006
• Appeal Filed On: 15-03-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD SMC BENCH ( CONVENED THROUGH VIRTUAL COURT ) BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER & SHRI WASEEM AHMED, ACCOUNTANT MEMBER S.NO APPEAL A.Y. APPELLANT (PAN NO.) RESPONDENT A.R. 1 ITA NO. 658 /AHD/2018 2005-06 BHASKAR PRANLAL VIBHAKAR (ACSPV3764A) INCOME-TAX OFFICER, WARD- 5(2), AHMEDABAD SHRI P.B. PARMAR 2 ITA NO. 659/ AHD/2018 2005-06 MINAXI BHASKAR VIBHAKAR (ABHPV0080B) INCOME-TAX OFFICER, WARD- 5(2), AHMEDABAD SHRI P.B. PARMAR 3 ITA NO. 660 /AHD/2018 2005-06 NALIN P. VIBHAKAR (ABKPV0863B) INCOME-TAX OFFICER, WARD- 5(2), AHMEDABAD SHRI P.B. PARMAR 4-5 ITA NO. 304 & 305/AHD/2017 2008-09 & 2009- 10 M/S. D R PETROCHEM PRIVATE LIMITED (AAACD 6948D) INCOME-TAX OFFICER, WARD- 1(1)(2), VADODARA SHRI MANISH J. SHAH REVENUE BY : SHRI LALIT P. JAIN, SR. D.R. / DATE OF HEARING 10/03/2021 / DATE OF PRONOUNCEMENT 12/03/2021 / O R D E R PER BENCH THE CAPTIONED FIVE APPEALS ARISE FROM THE RESPECTIVE ORDERS OF THE COMMISSIONER OF INCOME TAX (APPEALS) (CIT(A)) AGAINST DIFFERENT ASSESSMENT YEARS. ITA NO. 658/AHD/18 & 4 ORS. - 2 - 2. THE CAPTIONED ASSESSEES HAVE SOUGHT TO WITHDRAW THE APPEALS LISTED ABOVE ON THE GROUND THAT THEY HAVE OPTED TO AVAIL BENEFITS OF VIVAD SE VISHWAS SCHEME, 2020 (VSV). WHEN THE MATTER WAS CALLED FOR HEARING, THE LD. COUNSELS FOR THE ASSESSEE AT THE OUTSET HAVE SUBMITTED THAT THEY DO NOT SEEK TO PURSUE THE SAID APPEALS OWING TO EXERCISE OF OPTION FOR AVAILING VSV SCHEME AND CONSEQUENTLY REQUESTED THAT THEIR APPLICATIONS FOR WITHDRAWAL OF APPEALS MAY PLEASE BE GRANTED. REFERENCE WAS ALSO MADE TO WRITTEN REQUESTS IN THIS REGARD. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW THE APPEALS IN THE CIRCUMSTANCES NARRATED ON BEHALF OF THE ASSESSEE. 4. IN THE LIGHT OF ORAL/WRITTEN REQUESTS MADE ON BEHALF OF THE CAPTIONED PARTIES, ALL THE APPEALS ARE DISMISSED AS WITHDRAWN. HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHEME FOR ANY BONAFIDE REASONS, THEN THE ASSESSEE CONCERNED WILL BE AT LIBERTY TO SEEK RESTORATION OF ORIGINAL APPEALS FOR HEARING BEFORE ITAT IN ACCORDANCE WITH LAW. 5. IN THE RESULT, ALL CAPTIONED APPEALS ARE DISMISSED AS WITHDRAWN. SD/- SD/- (WASEEM AHMED) (MAHAVIR PRASAD) ACCOUNTANT MEMBER TRUE COPY JUDICIAL MEMBER AHMEDABAD: DATED 12/03/2021 RAJESH KUMAR / COPY OF ORDER FORWARDED TO:- THIS ORDER PRONOUNCED ON 12/03/2021