M/s. Madhav Builders, Ahmedabad V. The Dy.CIT, Circle-9, Ahmedabad

ITA 954/AHD/2015

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5730 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 9 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 04-05-2020
• Assessment Year: 2011-2012
• Appeal Filed On: 17-04-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: LALIT P JAIN
• Assessee Lawyers: S N DIVATIA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH (BEFORE SHRI RAJPAL YADAV, VICE PRESIDENT & SHRI WASEEM AHMED, ACCOUNTANT MEMBER) [THROUGH VIRTUAL COURT] ITA. NO: 954/AHD/2015 (ASSESSMENT YEARS: 2011-12) M/S. MADHAV BUILDERS 34- A, MADHUVRUND SOCIETY, OPP. AKHAND ANAND SOCIETY, RANNA PARK, GHATLODIA, AHMEDABAD- 380061 PAN NO. AAQFM 2808L DY. CIT, CIRCLE-9, AHMEDABAD (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI S. N. DIVATIA, A.R. RESPONDENT BY : SHRI LALIT P. JAIN, SR. D.R. ( )/ ORDER DATE OF HEARING : 02-02-2021 DATE OF PRONOUNCEMENT : 03-02-2021 PER RAJPAL YADAV, V.P. 1. THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-4, ITA NO. 954/AHD/2015 . A.Y. 2011-12 2 AHMEDABAD (CIT(A) IN SHORT), DATED 12.03.2015 ARISING IN THE ASSESSMENT ORDER DATED 26.03.2014 PASSED BY THE ASSESSING OFFICER (AO) UNDER S. 143A R.W.S. 143(3) OF THE INCOME TAX ACT, 1961 (THE ACT) CONCERNING AY 2011-12. 2. THE CAPTIONED ASSESSEE HAS SOUGHT TO WITHDRAW THE APPEAL LISTED ABOVE ON THE GROUND THAT ASSESSEE HAS OPTED TO AVAIL BENEFITS OF VIVAD SE VISHWAS SCHEME, 2020 (VSV). WHEN THE MATTER WAS CALLED FOR HEARING, IT IS SUBMITTED THAT ASSESSEE DOES NOT SEEK TO PURSUE THE SAID APPEAL OWING TO EXERCISE OF OPTION FOR AVAILING VSV SCHEME AND CONSEQUENTLY REQUESTED THAT ASSESSEES APPLICATION FOR WITHDRAWAL OF APPEAL MAY PLEASE BE GRANTED. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW THE APPEAL 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 IN THE LIGHT OF WRITTEN REQUESTS MADE ON BEHALF OF THE CAPTIONED PARTY, THE APPEAL IS DISMISSED AS WITHDRAWN.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 APPEAL FOR HEARING BEFORE ITAT IN ACCORDANCE WITH LAW. 5. IN THE RESULT, THE CAPTIONED APPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT ON 03 - 02- 2021 SD/- SD/- (WASEEM AHMED) (RAJPAL YADAV) ACCOUNTANT MEMBER TRUE COPY VICE PRESIDENT AHMEDABAD: DATED 03/02/2021