Shri Rameshbhai Jerambhai Pachani, Surat V. The Dy.CIT.,Central Circle-2, Surat

ITSSA 11/SRT/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2793 (ITAT-SURAT)
• Duration Of Justice: 2 year(s) 7 month(s) 23 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 30-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Appeal Filed On: 06-09-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: ASHWIN PAREKH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER IT(SS) A NO. 11/SRT/2018 (AY 2012-13) (H EARING IN VIRTUAL COURT) SHRI RAMESHBHAI JERAMBHAI PANCHANI, E-1, SWAMINARAYAN NAGAR, PARK-2, B/H. KALAKUNJ MANDIR, KAPODARA, VARACHHA ROAD, SURAT. PAN : AICPP4417A VS THE DCIT, CC - 2, SURAT. ASSESSEE / APPELLANT REVENUE /RESPONDENT ASSESSEE BY SH. ASHWIN PAREKH - CA REVENUE BY SH. RITESH MISHRA CIT- DR DATE OF HEARING 30.04.2021 DATE OF PRONOUNCEMENT 30.04.2021 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)-IV, SURAT DATED 02.07.2018 FOR ASSESSMENT YEAR (AY) 2012-13 . THE LD. AUTHORIZED REPRESENTATIVE (AR) OF THE ASSESSEE SUBMITS THAT THE ASSESSEE HAS APPLIED FOR SEEKING THE BENEFIT OF VIVAD SE VISVAS SCHEME -2020 (VSVS-20), THE ASSESSEE HAS RECEIVED FORM-3 OF VSVS-20, FROM DESIGNATED AUTHORITY VIDE ACKNOWLEDGEMENT NO. 120562860070121. THE LD. AR FOR ASSESSEE SUBMITS THAT HE MAY ALLOW TO WITHDRAW HIS APPEAL. IT(SS) A NO. 11/SRT/2018 SHRI RAMESHBHAI JERAMBHAI PANCHANI (AY 2012-13) 2 THE LD. AR FURTHER SUBMITS THAT HE HAS ALREADY FILED APPLICATION DATED 19.04.2021 FOR WITHDRAWAL OF APPEAL. 2. ON THE OTHER HAND, THE LEARNED SENIOR DEPARTMENTAL REPRESENTATIVE (SR. DR) SUBMITS THAT SHE HAS NO OBJECTION, IF THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN AS SUGGESTED BY THIS BENCH. 3.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 VSVS-20 WITH THE DEPARTMENT FOR THE ASSESSMENT YEAR NARRATED ABOVE FOR AVAILING THE BENEFIT OF SCHEME UNDER VSVS-20. HOWEVER, WE FIND THAT IN THE FORMS-3 OF VSVS-20, THE APPEAL NUMBER IS MENTIONED AS IT(SS) A NO. 10/SRT/2018, BUT AS PER RECORD OF TRIBUNAL, THE APPEAL NUMBER IS IT(S) A NO. 11/SRT/2018. CONSIDERING THE SUBMISSION OF ASSESSEE, 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 APPLICATION PREFERRED BY THE ASSESSEE UNDER VSVS-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 APPEAL SHALL GET RESTORED . IT(SS) A NO. 11/SRT/2018 SHRI RAMESHBHAI JERAMBHAI PANCHANI (AY 2012-13) 3 4. THE ASSESSING OFFICER IS DIRECTED TO PASS CONSEQUENTIAL ORDER AS PER CBDT CIRCULAR NO.3/2021 DATED 04.03.2021. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER ANNOUNCED AT THE TIME OF HEARING OF APPEAL ON 30TH APRIL 2021 IN THE VIRTUAL COURT HEARING. SD/- SD/- ( DR ARJUN LAL SAINI) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER SURAT, DATED: 18/06/2021 (SELF) COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR 6. GUARD FILE TRUE COPY/ BY ORDER ASSISTANT REGISTRAR, ITAT, SURAT TRUE COPY/