Shri Chandresh Nanubhai Savalia, Ahmedabad V. The Dy.CIT, Central Circle-2(1),., Ahmedabad

ITSSA 13/AHD/2015

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2689 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 10 month(s) 13 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 25-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 16-03-2020
• Assessment Year: 2008-2009
• Appeal Filed On: 12-01-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIRENDRA OJHA
• Assessee Lawyers: M K PATEL
• Section: 143(3); 153A

Judgement Text

, B IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD (THROUGH VIRTUAL COURT) BEFORE SHRI RAJPAL YADAV, VICE PRESIDENT, & SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER ./ I.T.(SS)A. NOS. 13&14/AHD/2015 ( / ASSESSMENT YEARS: 2008-09 & 2009-10) CHANDRESH NANUBHAI SAVALIA 147/3/1, MOHANNAGAR-1, NR. ROUTE NO. 137, BUS STOP, BAPUNAGAR, AHMEDABAD-380024 / VS. THE DCIT CENTRAL CIRCLE-2(1), ROOM NO. 306, AAYKAR BHAVAN, ASHRAM ROAD, AHMEDABAD-380009 ./ ./ PAN/GIR NO. : AMKPS3011P ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI M. K. PATEL, AR / RESPONDENT BY : SHRI VIRENDRA OJHA, CIT DR / DATE OF HEARING 25/11/2020 !'# / DATE OF PRONOUNCEMENT 25/11/2020 $%/ O R D E R PER BENCH: THE CAPTIONED APPEALS HAVE BEEN FILED AT THE INSTAN CE OF THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-III, AHMEDABAD (CIT(A) IN SHORT), DATED 17.10.2014 ARI SING IN THE ASSESSMENT ORDER DATED 18.03.2013 PASSED BY THE ASSESSING OFFI CER (AO) UNDER S. 153A R.W.S 143(3) OF THE INCOME TAX ACT, 1961 (THE ACT) CONCERNING A.YS. 2008- 09 & 2009-10. 2. THE CAPTIONED ASSESSEE HAS SOUGHT TO WITHDRAW TH E APPEALS LISTED ABOVE ON THE GROUND THAT ASSESSEE HAS OPTED TO AVAI L BENEFITS OF VIVAD SE VISHWAS SCHEME, 2020 (VSV). AS PER LETTER DATED 28 .09.2020 & IT(SS)A NOS.13&14/AHD/2015 [CHANDRESH NANUBHAI SAVALIA VS. DCIT] A.YS. 2008-09 & 2009-10 - 2 - 09.11.2020 FILED BY ASSESSEE, 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 APPLICAT ION 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 APPEALS IN THE CIR CUMSTANCES 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 BO NAFIDE REASONS, THEN THE ASSESSEE CONCERNED WILL BE AT LIBERTY TO SEEK RESTO RATION OF ORIGINAL APPEAL FOR HEARING BEFORE ITAT IN ACCORDANCE WITH LAW. 5. IN THE RESULT, THE CAPTIONED APPEAL IS DISMISSED AS WITHDRAWN. SD/- SD/- (PRADIP KUMAR KEDIA) (R AJPAL YADAV) ACCOUNTANT MEMBER VICE PRESIDENT AHMEDABAD: DATED 25/11/2020 TANMAY TRUE COPY !' #' / COPY OF ORDER FORWARDED TO:- 1. / REVENUE 2. $ / ASSESSEE 3. ) *+ , / CONCERNED CIT 4. ,- / CIT (A) 5. 012 33*+, *+#, 56$)$ / DR, ITAT, AHMEDABAD 6. 289 : / GUARD FILE. BY ORDER / $% , ;/5 *+#, 56$)$ < THIS ORDER PRONOUNCED IN OPEN COURT ON 2 5/11/2020