Girishkumar Krishnalal Mistry (HUF), Valsad V. Income Tax Officer,(International Taxation), Surat

ITA 791/SRT/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4831 (ITAT-SURAT)
• Duration Of Justice: 2 year(s) 8 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 31-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MRS ANUPAMA SINGLA SRDR
• Assessee Lawyers: AMRIN PATHAN LD

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. 791/AHD/2018 (AY 2012-13) (H EARING IN VIRTUAL COURT) GIRISHKUMAR KRISHNALAL MISTRY (HUF), VISHNU NIVA, TITHAL ROAD, OPP. SHETH RJJ HIGH SCHOOL, VALSAD-396001 PAN : AAFGH 7757 M VS INCOME TAX OFFICER (INTERNATIONAL, TAXATION), INCOME TAX DEPARTMENT, AAYKAR BHAVAN, MAJURA GATE, SURAT-395001 ASSESSEE / APPELLANT REVENUE /RESPONDENT ASSESSEE BY SHRI AMRIN PATHAN, LD.A.R REVENUE BY MRS ANUPAMA SINGLA, SR-DR DATE OF HEARING 17.09.2021 DATE OF PRONOUNCEMENT 17.09.2021 ORDER UNDER SECTION 254(1) OF INCOME TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER : 1. THIS APPEAL BY ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-13, AHMEDABAD DATED 16.11.2018 FOR ASSESSMENT YEAR 2012-13. THIS APPEAL CAME UP HEARING TODAY (17 TH SEPTEMBER 2021), THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITS THAT THE ASSESSEE HAS APPLIED FOR SEEKING THE BENEFITS OF VIVAD SE VISVAS SCHEME -2020 (VSV-20) AND RECEIVED FORM-3 OF VSV-20 FROM DESIGNATED AUTHORITY. THE LEARNED COUNSEL FOR THE ASSESSEE FURTHER SUBMITS THAT HE MAY BE ALLOWED TO WITHDRAW HIS APPEAL. 2. ON THE OTHER HAND THE LEARNED SENIOR DEPARTMENTAL REPRESENTATIVE (SR. DR) SUBMITS THAT HE HAS NO OBJECTION, IF THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN AS SUGGESTED BY THIS BENCH. ITA NO. 791/SRT/2018 GIRISHKUMR K MISTRY (A.Y. 12-13) 2 3. WE HAVE CONSIDERED THE SUBMISSIONS OF BOTH THE PARTIES AND CONSIDERING THE FACTS THAT THE ASSESSEE HAS ALREADY FILED APPLICATION BEFORE THE PRESCRIBED AUTHORITY UNDER VSV-20 AND HAVE RECEIVED FORM-3 VIDE ACKNOWLEDGEMENT NO. 227039410250121DATED 25.01.2021 FROM DESIGNATED AUTHORITY. HENCE, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN WITH LIBERTY TO THE ASSESSEE AS WELL AS TO THE REVENUE THAT IN CASE, IF THE APPLICATIONS PREFERRED BY THE ASSESSEE UNDER VSV-20 DOES NOT GET FINALLY SETTLED FOR ANY REASON WHATSOEVER, THEN BOTH THE PARTIES ARE AT LIBERTY TO PREFER MISCELLANEOUS APPLICATION BEFORE THIS TRIBUNAL FOR RESTORATION OF THIS APPEAL OR ANY FURTHER DIRECTION AND IN SUCH EVENT, THE APPEALS SHALL GET RESTORED. THE ASSESSING OFFICER IS DIRECTED TO PASS THE CONSEQUENTIAL ORDER. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER ANNOUNCED AT THE TIME OF HEARING OF APPEAL ON FRIDAY 17 TH SEPTEMBER 2021 IN THE VIRTUAL COURT HEARING. ( DR ARJUN LAL SAINI) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER SURAT, DATED: 17/09/2021 DKP. OUTSOURCING SR.P.S. COPY TO: 1. APPELLANT-GIRISHKUMAR K MISTRY (HUF) VISHNU NIVAS, TITHAL ROAD, OPP.SHETH RJJ HIGH SCHOOL, VALSAD 2. RESPONDENT- ITO (INTERNATIONAL TAXATION), AAYKAR BHAVAN, MAJURA GATE, SURAT-395001 3. CIT(A)-13, AHMEDABAD 4. CIT 5. DR 6. GUARD FILE TRUE COPY/ BY ORDER ASSISTANT REGISTRAR, ITAT, SURAT