Meahendra C. Shah and Others, Ahmedabad V. The Income tax Offier, Ward-7(4), Ahmedabad

ITA 745/AHD/2014

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1487 (ITAT-AHMEDABAD)
• Duration Of Justice: 6 year(s) 8 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 12-03-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SAURYA S SHUKLA
• Assessee Lawyers: BIREN SHAH
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH (VIRTUAL COURT) BEFORE: SHRI RAJPAL YADAV, VICE PRESIDENT AND SHRI AMARJIT SINGH, ACCOUNTANT MEM BER MAHENDRA C. SHAH & OTHERS, AHMEDABAD PAN: AAATM1385N (APPELLANT) VS THE ITO, WARD-7(4), AHMEDABAD (RESPONDENT) REVENUE BY: SHRI SAURYA S. SHUKLA, SR. D.R. ASSESSEE BY: SHRI BIREN SHAH, A.R. DATE OF HEARING : 02-12-2020 DATE OF PRONOUNCEMENT : 10-12-20 20 /ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:- THIS ASSESSEES APPEAL FOR A.Y. 2007-08, ARISES FRO M ORDER OF THE CIT(A)- XXI, AHMEDABAD DATED 24-02-2014, IN PROCEEDINGS UND ER SECTION 143(3) R.W.S. 263 OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . 2. THE ASSESSEE FILED WRITTEN SUBMISSION TO WITHDRAW T HE APPEAL ON THE GROUND THAT HE HAS OPTED TO AVAIL BENEFITS OF VIVAD SE VIS HWAS SCHEME, 2020 AND IN HIS SUBMISSION THE ASSESSEE HAS ALSO ENCLOSED THE COPY OF FORM NOS. -1 & 2 FILED BY THE ASSESSEE UNDER THE VIVAD SE VISHWAS SCHEME, 202 0. WHEN THE MATTER WAS CALLED FOR HEARING, THE LD. COUNSEL FOR THE ASSESSE E AT THE OUTSET HAS SUBMITTED THAT ITA NO. 745/AHD/2014 ASSESSMENT YEAR 2007-08 I.T.A NO. 745/AHD/2014 A.Y. 2007-08 PAGE NO MAHENDRA C. SHAH & OTHERS VS. ITO 2 HE DOES NOT WANT TO PURSUE THE SAID APPEAL AS HE HA S FILED APPLICATION UNDER VIVAD SE VISHWAS SCHEME, 2020 AND REQUESTED THAT HIS APPL ICATION FOR WITHDRAWAL OF APPEAL MAY PLEASE BE GRANTED. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW THE APPEAL IN THE CIRCUMSTANC ES NARRATED ON BEHALF OF THE ASSESSEE. 4. WE HAVE CONSIDERED THE SUBMISSION AND APPLICATIO N OF THE ASSESSEE FOR WITHDRAWAL OF THE APPEAL UNDER VIVAD SE VISHWAS SCH EME, 2020. A REFERENCE HAS BEEN MADE IN SUB-SECTION (2) & (3) OF SECTION 4 OF DIRECT TAX VIVAD SE VISHWAS SCHEME, 2020 FOR THE PURPOSE OF WITHDRAWAL OF APPEA L. IN THE LIGHT OF THE PROVISION MADE IN THE SCHEME AND AFTER CONSIDERING THE MATERIAL ON RECORD, THE AFORESAID REQUEST FOR WITHDRAWAL OF APPEAL OF THE A SSESSEE TO AVAIL THE VSV SCHEME, 2020 IN ACCORDANCE WITH LAW IS ALLOWED. HO WEVER, IN CASE, ANY ISSUE IS REMAINED UN-RESOLVED UNDER THE SAID SCHEME, THEN, T HE ASSESSEE WILL BE AT LIBERTY TO FILE THE MISCELLANEOUS APPLICATION TO RECALL THIS O RDER TO RESTORE THE ORIGINAL APPEAL WITHIN THE TIME LIMIT PROVIDED IN THE ACT. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 10-12-2020 SD/- SD/- (RAJPAL YADAV) (AMARJIT SINGH) VICE PRESIDENT AC COUNTANT MEMBER AHMEDABAD : DATED 10/12/2020 / COPY OF ORDER FORWARDED TO:- I.T.A NO. 745/AHD/2014 A.Y. 2007-08 PAGE NO MAHENDRA C. SHAH & OTHERS VS. ITO 3 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,