Shri Asit Surendrabhai Shah, Ahmedabad V. ACIT, Central Circle-2(4), Ahmedabad

ITSSA 375/AHD/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0636 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 5 month(s) 6 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 22-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2016-2017
• Appeal Filed On: 16-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R. P. MEENA

Judgement Text

, D IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD ( CONVENED THROUGH VIRTUAL COURT ) BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER S. NO. APPEAL A.Y. APPELLANT (PAN NO.) RESPONDENT A.R.(SHRI) 1. IT(SS)A NO. 373/AHD/2019 2012-13 ASIT SURENDRABHAI SHAH G-7, AMOLA CHAMBERS, NEAR NAVRANGPURA TELEPHONE EXCHANGE, C.G. ROAD, AHMEDABAD (AFUPS6469Q) ACIT CEN. CIR.-2(4), AHMEDABAD D. R. THAKKAR 2. IT(SS)A NO. 374/AHD/2019 2015-16 ASIT SURENDRABHAI SHAH G-7, AMOLA CHAMBERS, NEAR NAVRANGPURA TELEPHONE EXCHANGE, C.G. ROAD, AHMEDABAD (AFUPS6469Q) ACIT CEN. CIR.-2(4), AHMEDABAD D. R. THAKKAR 3. IT(SS)A NO. 375/AHD/2019 2016-17 ASIT SURENDRABHAI SHAH G-7, AMOLA CHAMBERS, NEAR NAVRANGPURA TELEPHONE EXCHANGE, C.G. ROAD, AHMEDABAD (AFUPS6469Q) ACIT CEN. CIR.-2(4), AHMEDABAD D. R. THAKKAR REVENUE BY : SHRI R. P. MEENA, SR. D.R. / DATE OF HEARING 17/12/2020 / DATE OF PRONOUNCEMENT 22/12/2020 / O R D E R PER BENCH: THE CAPTIONED THREE APPEALS ARISE FROM THE RESPECTI VE ORDERS OF THE COMMISSIONER OF INCOME TAX (APPEALS) (CIT(A)) AGA INST DIFFERENT ASSESSMENT YEARS. IT(SS)A NOS. 373TO375/AHD/19 A.YS. 2012-13, 2015-16 & 2016-17 - 2 - 2. THE CAPTIONED ASSESSEES HAVE SOUGHT TO WITHDRAW THE APPEALS LISTED ABOVE ON THE GROUND THAT THEY HAVE OPTED TO AVAIL B ENEFITS OF VIVAD SE VISHWAS SCHEME, 2020 (VSV). WHEN THE MATTER WAS C ALLED FOR HEARING, THE LD. COUNSELS FOR THE ASSESSEE AT THE OUTSET HAV E SUBMITTED THAT THEY DO 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. R EFERENCE WAS ALSO MADE TO WRITTEN REQUESTS IN THIS REGARD. 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 PARTIES, ALL THE APPEALS ARE DISMISSED AS WITHDRAWN. HOWEVER, IN THE EVENT, THE ASSESSEE FAILS TO AVAIL THE BENEF IT OF VSV SCHEME FOR ANY BONAFIDE REASONS, THEN THE ASSESSEE CONCERNED W ILL BE AT LIBERTY TO SEEK RESTORATION OF ORIGINAL APPEALS FOR HEARING BE FORE ITAT IN ACCORDANCE WITH LAW. 5. IN THE RESULT, ALL CAPTIONED APPEALS ARE DISMISS ED AS WITHDRAWN. SD/- SD/- (PRADIP KUMAR KEDIA) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: DATED 22/12/2020 TRUE COPY TANMAY / COPY OF ORDER FORWARDED TO:- 1. / REVENUE 2. / ASSESSEE 3. ! ! ' / CONCERNED CIT 4. ! ! '- %&'( / CIT (A) 5. *+,'! -.. , ! %&'( ! % , %01 / DR, ITAT, AHMEDABAD 6. ,34 56( / GUARD FILE. BY ORDER / , 7&/0! &' ! %&'( ! % , %01 8 THIS ORDER PRONOUNCED ON 22/12/2020