THE DCIT, CIRCLE-2(2), AHMEDABAD vs. ALPESH BHIKHABHAI PATEL, AHMEDABAD

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ITA 1369/AHD/2019Status: DisposedITAT Ahmedabad18 November 2021AY 2016-172 pages

In favour of the assessee: the Revenue'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 revenue's appeal based on the assessee's availing of the Vivad se Vishwas Scheme. The assessee was granted liberty to file a miscellaneous application if any issue remained unresolved under the scheme.

What were the facts?

The revenue filed an appeal for assessment year 2016-17. The assessee sought to withdraw the appeal as they had opted for the Vivad se Vishwas Scheme, 2020.

What were the issues?

Whether the revenue's appeal can be withdrawn by the assessee due to opting for the Vivad se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD “C” BENCH

Before: Shri Mahavir Prasad & Shri Amarjit Singh

For Respondent: Shri V.K. Singh, Sr. D.R

आदेश/ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:-

1.

This revenue’s appeal for A.Y. 2016-17, arises from order of the CIT(A)-10, Ahmedabad dated 26-06-2019, in proceedings under section 143(3) of the Income Tax Act, 1961; in short “the Act”.

2.

The assessee filed written submission to withdraw the appeal on the ground that it has opted to avail benefits of Vivad se Vishwas Scheme, 2020. When the matter was called for hearing, the ld. counsel for the assessee at the outset has submitted that he does not want to pursue the said appeal and requested that application for withdrawal of appeal may please be granted.

Page No 2 DCIT vs. Alpesh Bhikhabhai Patel

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.

We have considered the submission and application of the assessee for withdrawal of the appeal. A reference has been made in sub-section (2) & (3) of section 4 of Direct Tax Vivad se Vishwas Scheme, 2020 for the purpose of withdrawal of appeal. During the course of appellate proceedings before us, the ld. counsel has enclosed copy of Form No. 5 (Order of full and & final settlement) issued by Pr. CIT. In the light of the provision made in the scheme and after considering the material on record, the aforesaid request for withdrawal of appeal of the revenue to avail the VSV Scheme, 2020 in accordance with law is allowed. However, in case, any issue is remained un-resolved under the said scheme, then, the assessee/revenue will be at liberty to file the Miscellaneous Applications to recall this order to restore the original appeal within the time limit provided in the act.

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