Vinodkumar Shyamlal Toshniwal,(Prop. Micro Metal), Bhavnagar v. The DCIT, Circle-1,, Bhavnagar

SMC IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH AHMEDABAD ( CONVENED THROUGH VIRTUAL COURT ) BEFORE SHRI PRADIP KUMAR KEDIA ACCOUNTANT MEMBER & SMT. MADHUMITA ROY JUDICIAL MEMBER ./ I.T.A. NO. 981/AHD/2018 ( ASSESSMENT YEAR : 2014-15) VINODKUMAR SHYAMLAL TOSHNIWAL PROP. MICRO METAL B/H. HOTEL MUSEUM ALKA CINEMA ROAD BHAVNAGAR - 364001 / VS. THE D.C.I.T. CIRCLE-1 ROOM NO.22 JASHONATH CHOWK NAKABAUG AAYAKAR BHAVAN BHAVNAGAR ./ ./ PAN/GIR NO. : ABBPT5578J ( APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI A. C. SHAH A.R. / RESPONDENT BY : SHRI L. P. JAIN SR.D.R. DATE OF HEARING 26/03/2021 !'# / DATE OF PRONOUNCEMENT 26/03/2021 / O R D E R PER PRADIP KUMAR KEDIA - AM: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF I NCOME TAX (APPEALS)-6 AHMEDABAD (CIT(A) IN SHORT) DATED 0 1.12.2017 ITA NO. 981/AHD/18 [VINODKUMAR S. TOSHNIWAL VS. DCIT] A.Y. 2014-15 - 2 - ARISING IN THE ASSESSMENT ORDER DATED 27.12.2016 PA SSED BY THE ASSESSING OFFICER (AO) UNDER S. 143(3) OF THE INCOM E TAX ACT 1961 (THE ACT) CONCERNING AY 2014-15. 2. THE CAPTIONED ASSESSEE HAS SOUGHT TO WITHDRAW TH E APPEAL LISTED ABOVE ON THE GROUND THAT ASSESSEE HAS OPTED TO AVAIL BENEFITS OF VIVAD SE VISHWAS SCHEME 2020 (VSV). WHEN THE MATTER WAS CALLED FOR HEARING THE LD. COUNSEL FOR THE ASSESSE E AT THE OUTSET HAS SUBMITTED THAT HE DOES NOT SEEK TO PURSUE THE SAID APPEAL OWING TO EXERCISE OF OPTION FOR AVAILING VSV SCHEME AND CONS EQUENTLY REQUESTED THAT HIS APPLICATION FOR WITHDRAWAL OF AP PEAL MAY PLEASE BE GRANTED. REFERENCE WAS ALSO MADE TO WRITTEN REQ UESTS IN THIS REGARD. 3. THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVE NUE STATED THAT HE HAS NO OBJECTION TO WITHDRAW THE APPEAL IN THE CIRCUMSTANCES NARRATED ON BEHALF OF THE ASSESSEE. 4. IN THE LIGHT OF WRITTEN REQUEST MADE ON BEHALF O F THE CAPTIONED ASSESSEE THE APPEAL IS DISMISSED AS WITHDRAWN. HO WEVER IN THE EVENT THE ASSESSEE FAILS TO AVAIL THE BENEFIT OF V SV SCHEME FOR ANY BONAFIDE REASONS THEN THE ASSESSEE CONCERNED WILL BE AT LIBERTY TO ITA NO. 981/AHD/18 [VINODKUMAR S. TOSHNIWAL VS. DCIT] A.Y. 2014-15 - 3 - SEEK RESTORATION OF ORIGINAL APPEAL FOR HEARING BEF ORE ITAT IN ACCORDANCE WITH LAW. 5. IN THE RESULT THE CAPTIONED APPEAL IS DISMISSED AS WITHDRAWN. SD/- SD/- (MADHUMITA ROY) (PRADIP KUMAR K EDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: DATED 26/03/2021 S. K. SINHA !'#' / COPY OF ORDER FORWARDED TO:- &. / REVENUE 2. / ASSESSEE (. )*+ / CONCERNED CIT 4. - / CIT (A) /. 012 33*+4 *+#4 56) / DR ITAT AHMEDABAD 7. 289 : / GUARD FILE. BY ORDER / 4 /5 *+#4 56) THIS ORDER PRONOUNCED IN OPEN COURT ON 26/03/202 1