SURESH NARAYAN AMBEKAR,AHMEDNAGAR vs. INCOME-TAX OFFICER, WARD - 1, AHMEDNAGAR
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal permitted the assessee to withdraw the appeal. The assessee is at liberty to seek restoration if the Vivad se Vishwas application is disapproved.
What were the facts?
The assessee filed an appeal before the ITAT. The assessee subsequently filed a withdrawal application seeking to settle the issue under the Vivad Se Vishwas Scheme, 2020.
What were the issues?
Whether the assessee can withdraw the appeal to pursue settlement under the Vivad Se Vishwas Scheme.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, PUNE
Before: SHRI WASEEM AHMED, AM & SHRI S. S. VISWANETHRA RAVI, JM
आदेश / ORDER
The appeal filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals) – 2, Pune dated 26.06.2019 for the Assessment Year 2011-12.
Before us, Ms. Deepa Khare, the learned Authorised Representative of the assessee filed a letter dt.21.01.2021 seeking permission to withdraw the appeal submitting that the appellant opted to settle the issue involved in this appeal under the Vivad Se Vishwas Scheme, 2020. The learned Authorised Representative further submitted that the assessee is ready to withdraw the appeal under the circumstances, if a conditional order is passed to that effect.
The ld. DR has no objection in case the assessee wishes to withdraw the appeal.
In view of the request made by the learned Authorised Representative, we permit the assessee to withdraw the appeal. However, if the Respondent Department disapproves the application of the assessee filed under Vivad se Vishwas Scheme, the assessee is at liberty to file an application to restore the appeal before this Tribunal as per the provisions of law.
In the result, the appeal of the assessee is dismissed as withdrawn.
Order pronounced in the open Court on this the 16th day of February, 2021.
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