SHRI MAHESHBHAI SHANTILAL PATEL,AHMEDABAD vs. THE DCIT, CENTRAL CIRCLE-1(2), AHMEDABAD

PDF · subscribers
ITA 581/AHD/2020Status: DisposedITAT Ahmedabad06 October 2021AY 1993-942 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal considered the submissions for withdrawal under the "Vivad se Vishwas" Scheme. The appeals were dismissed as withdrawn, with liberty to seek restoration if the scheme benefits could not be availed for bonafide reasons.

What were the facts?

The assessee opted to avail the benefits of the "Vivad Se Vishwas Scheme 2020". Copies of Form No.3 were placed on record before the Tribunal. The assessee requested withdrawal of the appeals under the scheme.

What were the issues?

The primary issue was the assessee's request to withdraw appeals under the "Vivad Se Vishwas Scheme".

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD “B” BENCH, AHMEDABAD

Before: SHRI RAJPAL YADAV & SHRI WASEEM AHMED

For Appellant: Shri Parin Shah, A.R
For Respondent: Shri R.R. Makwana, Sr. D.R
Hearing: 04.10.2021Pronounced: 06.10.2021

PER BENCH :

1.

These four appeals filed by the assessee arise from the separate orders of the Commissioner of Income Tax (Appeals)-11, Ahmedabad, all dated 09.10.2019, passed for Assessment Years 1991-92 to 1994-95.

2.

We have heard the Learned Representatives of both the parties through video conferencing. Learned Counsel for the assessee, at the outset, submitted that assessee has opted to avail the benefits of “Vivad Se Vishwas Scheme 2020” and has also placed on record copies of Form No.3 before the Tribunal in this regard and hence request was made orally for withdrawal of appeals under the said Scheme.

3.

The learned Departmental Representative submitted that he has no objection to the withdrawal of the appeals in the circumstances narrated on behalf of the assessee.

4.

We have considered the submissions of the assessees for withdrawal of the appeals under the Sheme “Vivad se Vishwas”. In the light of aforesaid request made , 580, 581 & 582/Ahd/2020 A.Ys.: 1991-92, 1992-93, 1993-94 &1994-95 Page 2 of 2 by the assessee, all the appeals are dismissed as withdrawn. However, in the event, the assessee fail to avail the benefit of “Vivad se Vishwas Scheme” for any bonafide reasons, then the assessee will be at liberty to seek restoration of original appeals for hearing before the ITAT in accordance with law.

5.

In the result, all the appeals are dismissed as withdrawn.

Order pronounced in the Court on this 6th day of October, 2021.

Recent GST High Court judgments

Search GST case law →