Shri Mukesh Mohanbhai Patel, Ahmedabad V. The ACIT, Central Circle-2(4), Ahmedabad

ITSSA 31/AHD/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1461 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 4 month(s) 19 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 01-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 12-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S S SHUKLA

Judgement Text

, A IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD (CONDUCTED THROUGH VIRTUAL COURT) BEFORE SHRI RAJPAL YADAV, VICE-PRESIDENT AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER IT(SS)A NO.31/AHD/2020 / ASSTT.YEAR : 2012-13 MUKESH MOHANBHAI PATEL 1-SIDDHI VINAYAK SOCIETY RC TECHNICAL ROAD GHATLODIA AHMEDABAD 380 061. PAN : BFTPP 9034 G VS. ACIT, CENT.CIR.2(4) AHMEDABAD. ( APPLICANT ) ( RESPONENT ) ASSESSEE BY : WITHDRAWAL APPLICATION REVENUE BY : SHRI S.S. SHUKLA, SR.DR / DATE OF HEARING : 01/07/2021 / DATE OF PRONOUNCEMENT: 01/07/2021 !'/ O R D E R PER RAJPAL YADAV, VICE-PRESIDENT: THE ABOVE APPEAL FILED BY THE ASSESSEE ARISES FROM ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-4, AHMEDABAD D ATED 13.12.2019 FOR ASSESSMENT YEAR 2012-13. 2. WHEN THE MATTER WAS CALLED FOR HEARING, IT IS NO TICED THAT THE ASSESSEE HAS FILED AN APPLICATION FOR WITHDRAWAL OF APPEAL UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020. ALONG WITH THE APP LICATION THE ASSESSEE FILED COPY OF FORM NO.3 ISSUED UNDER SUB-S ECTION (1) OF SECTION 5 OF THE ACT, 2020. IN OTHER WORDS, THE ASS ESSEE WANTS TO RESOLVE THE ISSUE WITH THE DEPARTMENT BY AVAILING B ENEFIT UNDER VIVAD SE VISHWAS SCHEME, AND NECESSARY FORMALITIES HAVE B EEN COMPLETED, IT(SS)A NO.31/AHD/2020 2 AND THEREFORE, THE APPEAL OF THE ASSESSEE REQUIRES TO BE WITHDRAWN IN TERMS OF SCHEME. THE LD.DR HAS NO OBJECTION IF THE APPEAL OF THE ASSESSEE IS TREATED TO BE WITHDRAWN IN TERMS OF SCH EME OPTED BY THE ASSESSEE. 3. IN THE LIGHT OF THE ABOVE SUBMISSION MADE BY ASS ESSEE, WE FIND NO REASON TO KEEP PENDING APPEAL OF THE ASSESSEE BE FORE THE TRIBUNAL. ACCORDINGLY, THE APPEAL OF THE ASSESSEE STANDS DISM ISSED. HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF VSV SCHEME FOR ANY REASONS, THEN THE ASSESSEE WILL BE AT LIBERTY T O SEEK RESTORATION OF ORIGINAL APPEAL FOR ADJUDICATION BEFORE ITAT IN ACC ORDANCE WITH LAW. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE STANDS DISMISSED UNDER VSV SCHEME. ORDER PRONOUNCED IN THE COURT ON 1 ST JULY, 2021 AT AHMEDABAD. S D / - (WASEEM AHMED) ACCOUNTANT MEMBER S D / - (RAJPAL YADAV) VICE-PRESIDENT