Shri Dhirajlal A. Amlani, Baroda V. The ACIT, Central Circle-2, Baroda

ITSSA 520/AHD/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7869 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 9 month(s) 10 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 01-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2001-2002
• Appeal Filed On: 22-11-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

, D IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD (CONDUCTED THROUGH VIRTUAL COURT) BEFORE SHRI RAJPAL YADAV, VICE-PRESIDENT AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER IT(SS)A NO.520/AHD/2019 / ASSTT.YEAR : 2001-02 DHIRAJLAL A. AMLANI SNEHDHARA NR.ASHIRWAD SOCIETY AKOTA, VADODARA. PAN : ABOPA 4405 C VS. THE ACIT, CENT.CIR.2 VADODARA. ( APPLICANT ) ( RESPONENT ) ASSESSEE BY : SHRI MUKUND BAKSHI, AR REVENUE BY : SHRI MOHD. USMAN, CIT-DR / DATE OF HEARING : 01/09/2021 / DATE OF PRONOUNCEMENT: 01/09/2021 !'/ 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)-12, AHMEDABAD DATED 8.8.2019 FOR ASSESSMENT YEAR 2001-02. 2. WHEN THE MATTER WAS CALLED FOR HEARING, IT IS NO TICED THAT THE ASSESSEE HAS FILED A LETTER DATED 21.01.2021 ENCLOS ING THEREWITH COPY OF FORM NO.1 & 2 ALONG WITH FORM NO.3 ISSUED BY THE DESIGNATED AUTHORITY FOR SETTLEMENT OF ISSUE UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020. IN VIEW OF THIS, THE LD.COUNSEL FOR THE ASSESSEE SEEKS WITHDRAWAL OF THE ABOVE APPEAL PENDING BEFORE THE T RIBUNAL SO AS TO AVAIL BENEFIT UNDER SCHEME. THE LD.DR HAS NO OBJECT ION IF THE APPEAL IT(SS)A NO.520/AHD/2019 2 OF THE ASSESSEE IS TREATED TO BE WITHDRAWN IN TERMS OF SCHEME OPTED BY THE ASSESSEE. 3.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 SEPTEMBER, 2021 AT AHMEDABAD. S D / - (AMARJIT SINGH) ACCOUNTANT MEMBER S D / - (RAJPAL YADAV) VICE-PRESIDENT