Shri Dilipbhai Prahladbhai Patel, Mehsana V. The ACIT, Cent. Circle-1(4), Ahmedabad

ITSSA 234/AHD/2013

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8743 (ITAT-AHMEDABAD)
• Duration Of Justice: 7 year(s) 9 month(s) 17 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 25-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2009-2010
• Appeal Filed On: 07-06-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S N SOPARKAR
• Section: 143(3)

Judgement Text

, D IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD ( CONVENED THROUGH VIRTUAL COURT ) BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER ./ I.T(SS).A. NOS. 234 & 252/AHD/2013 ( ASSESSMENT YEAR : 2009-10) DILIP P. PATEL PROP. SURYA CORPORATION, 71-72, SARDAR PATEL SOCIETY, NR. BHAUPURA, KADI, DIST. MEHSANA 382815 / VS. ACIT CENTRAL CIRCLE -1(4), 3 RD FLOOR, AAYAKAR BHAVAN, ASHRAM ROAD, AHMEDABAD ./ ./ PAN/GIR NO. : ABUPP4544R ( APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI S. N. SOPARKAR, SR. ADVOCATE & SHRI PARIN SHAH, A.R. / RESPONDENT BY : SHRI MOHD. USMAN, CIT.DR DATE OF HEARING 24/03/2021 !'# / DATE OF PRONOUNCEMENT 25/03/2021 / O R D E R PER BENCH : THE CAPTIONED APPEALS (I.E. QUANTUM AND PENALTY) HA VE BEEN FILED AT THE INSTANCE OF THE ASSESSEE AGAINST THE O RDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-I, AHMEDABAD ( CIT(A) IN SHORT), DATED 14.03.2013 & 07.06.2013 ARISING IN TH E ASSESSMENT ORDER DATED 30.12.2010 & PENALTY ORDER DATED 28.03.2012 P ASSED BY THE IT(SS)A NOS. 234 & 252/AHD/13 (DILIP P. PATEL VS. ACIT) - 2 - ASSESSING OFFICER (AO) UNDER S. 143(3) R.W.S. 153B OF THE INCOME TAX ACT, 1961 (THE ACT) & UNDER S.271AAA OF THE ACT; RE SPECTIVELY, CONCERNING AY 2009-10. 2. THE CAPTIONED ASSESSEE HAS SOUGHT TO WITHDRAW TH E APPEALS LISTED ABOVE ON THE GROUND THAT HE HAS OPTED TO AVAIL BENE FITS OF VIVAD SE VISHWAS SCHEME, 2020 (VSV). WHEN THE MATTER WAS C ALLED FOR HEARING, THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET HAS SUBMITTED THAT HE DOES NOT SEEK TO PURSUE THE SAID APPEALS OWING TO EXERCI SE OF OPTION FOR AVAILING VSV SCHEME AND CONSEQUENTLY REQUESTED THAT THEIR APPLICATIONS FOR WITHDRAWAL OF APPEALS 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 ORAL/WRITTEN REQUESTS MADE ON BE HALF OF THE CAPTIONED ASSESSEE, BOTH THE APPEALS ARE 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 APPEALS FOR HEARING BEFORE ITAT IN ACCORDANCE WITH LAW. 5. IN THE RESULT, BOTH CAPTIONED APPEALS ARE DISMIS SED AS WITHDRAWN. SD/- SD/- (MAHAVIR PRASAD) (PRADIP KUMAR K EDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: DATED 25/03/2021 TRUE COPY S. K. SINHA !'#' / COPY OF ORDER FORWARDED TO:- &. / REVENUE 2. / ASSESSEE THIS ORDER PRONOUNCED ON 25/03/2021 IT(SS)A NOS. 234 & 252/AHD/13 (DILIP P. PATEL VS. ACIT) - 3 - (. )*+ , / CONCERNED CIT 4. ,- / CIT (A) /. 012 33*+4 *+#4 56) / DR, ITAT, AHMEDABAD 7. 289 / GUARD FILE. BY ORDER / 4 /5 *+#4 56)