RAJESH BHATIA,FARIDABAD vs. DCIT, CIRCLE- 71(1), NEW DELHI

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ITA 2527/DEL/2019Status: DisposedITAT Delhi22 February 2023AY 2014-152 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the withdrawal of the appeal as the assessee opted to avail the benefits of the 'Vivad se Vishwas Scheme, 2020'. The assessee is permitted to seek restoration if they fail to avail the VSV scheme for bonafide reasons.

What were the facts?

The assessee filed an appeal against an order of the CIT(A) for AY 2014-15. The assessee's counsel sought to withdraw the appeal.

What were the issues?

Whether the appeal can be withdrawn by the assessee due to opting for the Vivad se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “F” NEW DELHI

Before: SHRI PRADIP KUMAR KEDIA & SHRI YOGESH KUMAR US

For Appellant: Ms. Beenu, Sr. DR
Hearing: 22.02.2023

आदेश/O R D E R

PER PRADIP KUMAR KEDIA, AM:

1.

The captioned appeal has been filed at the instance of the assessee against the order of the Commissioner of Income Tax (Appeals)-8, New Delhi (‘CIT(A)’ in short), dated 22.09.2017 concerning AY 2014-15.

2.

The counsel for the assessee has sought to withdraw the appeal listed above on the ground that assessee has opted to avail benefits of ‘Vivad se Vishwas Scheme, 2020’ (VSV). As per letter dated 22.02.2023 filed by Counsel for the assessee, it is submitted that assessee does not seek to pursue the said appeal owing to exercise of option for availing VSV Scheme and consequently requested that application for withdrawal of appeal may please be granted.

3.

The ld. Departmental Representative for the Revenue stated that he has no objection to withdraw the appeal in the circumstances narrated on behalf of the assessee.

4.

In the light of requests made on behalf of the captioned party, the appeal is dismissed as withdrawn. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any bonafide reasons, then the assessee concerned will be at liberty to seek restoration of original appeal for hearing before ITAT in accordance with law.

5.

In the result, the captioned appeal is dismissed as withdrawn. This Order pronounced on 22/02/2023

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