The DCIT, Central Circle-1(3), Ahmedabad V. Shri Rajukumar Kakaram Bansal, Bhavnagar

ITSSA 234/AHD/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9542 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 year(s) 4 month(s) 24 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 04-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 10-08-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL

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. NO. 234/AHD/2016 ( ASSESSMENT YEAR : 2012-13) DCIT CENTRAL CIRCLE 1(3), ROOM NO.304, 3 RD FLOOR, AAYKAR BHAVAN, ASHRAM ROAD, AHMEDABAD - 380009 / VS. SHRI RAJKUMAR KAKARAM BANSAL 1497/B, THEOSOPHICAL LODGE, RUPANI CINEMA, BHAVNAGAR ./ ./ PAN/GIR NO. : AANPB1616J ( APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SMT. SANYOGITA NAGPAL, SR.DR / RESPONDENT BY : SHRI ASEEM THAKKAR, A.R. DATE OF HEARING 04/01/2021 !'# / DATE OF PRONOUNCEMENT 04/01/2021 / O R D E R PER BENCH: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE REVENUE AGAINST THE ORDER OF THE COMMISSIONER OF IN COME TAX (APPEALS)-13, AHMEDABAD (CIT(A) IN SHORT), DATED 06.05.2016 ARISING IN THE PENALTY ORDER DATED 24.09.2014 PASSE D BY THE ASSESSING OFFICER (AO) UNDER S. 271AAA OF THE INCOME TAX ACT, 1961 (THE ACT) CONCERNING AY 2012-13. IT(SS)A NO. 234/AHD/16 [DCIT VS. SHRI RAJKUMAR K. BANSAL] A.Y. 2012-13 - 2 - 2. WHEN THE MATTER WAS CALLED FOR HEARING IN THE CA PTIONED REVENUES APPEAL, LEARNED COUNSEL FOR THE ASSESSEE AT THE OUTSET SUBMITTED THAT THE DESIGNATED AUTHORITY HAS ALREADY GRANTED CERTIFICATE ELECTRONICALLY TO THE DECLARANT ASSESSEE CONCERNING THE PARTICULARS OF THE TAX ARREARS AND THE AMOUNT PAYABLE IN PRESCRIBE D FORM-3 NOTIFIED IN VIVAD SE VISHWAS SCHEME, 2020 (VSV) READ WITH RULES FRAMED THEREUNDER. THE LEARNED COUNSEL ACCORDINGLY SUBMIT TED THAT HE DOES NOT SEEK TO DEFEND THE SAID APPEAL OWING TO EXERCIS E OF OPTION FOR AVAILING VSV SCHEME, AND CONSEQUENTLY URGED THAT AS SESSEES REQUEST FOR CLOSURE OF REVENUES APPEAL MAY PLEASE BE GRANT ED. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT SHE HAS NO OBJECTION TO WITHDRAW ITS APPEAL HAVING REGARD TO THE APPLICATION FROM ASSESSEE TO AVAIL THE ONGOING SCHE ME. 4. IN THE LIGHT OF WRITTEN REQUEST MADE ON BEHALF O F THE CAPTIONED ASSESSEE, THE APPEAL OF REVENUE IS DISMISSED IN LIMINE . HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHEME FOR ANY REASONS, THEN THE REVENUE WILL BE AT LIBERTY TO SEEK RESTORATION OF ORIGINAL APPEAL FOR HEARING BEFORE ITAT IN ACCORDAN CE WITH LAW. 5. IN THE RESULT, THE CAPTIONED APPEAL OF REVENUE I S DISMISSED IN LIMINE . SD/- SD/- (MAHAVIR PRASAD) (PRADIP KUMAR K EDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: DATED 04/01/2021 TRUE COPY S. K. SINHA !'#' / COPY OF ORDER FORWARDED TO:- &. / REVENUE 2. / ASSESSEE (. )*+ , / CONCERNED CIT THIS ORDER PRONOUNCED ON 04/01/2021 IT(SS)A NO. 234/AHD/16 [DCIT VS. SHRI RAJKUMAR K. BANSAL] A.Y. 2012-13 - 3 - 4. ,- / CIT (A) /. 012 33*+4 *+#4 56) / DR, ITAT, AHMEDABAD 7. 289 : / GUARD FILE. BY ORDER / 4 /5 *+#4 56)