ANKITKUMAR PRAVINCHANDRA MEHTA,AHMEDABAD vs. ITO, WARD-4(2)(1), AHMEDABAD

The above appeal filed by the assessee arises from order of the Commissioner of Income Tax (Appeals)-4, Ahmedabad dated 14.11.2018 for assessment year 2015-16.

When the matter was called for hearing, assessee has filed a letter dated 24.9.201 requesting to allow withdrawal of appeal pending before the Tribunal, in view of the fact that the assessee has opted for settlement of the issue with Department by availing benefit under Direct Tax Vavad Se Vishwas Scheme. Along with the letter, the assessee has attached copy of form no.1 to 4 as per the scheme. The same are placed on record. The ld.counsel for the assessee therefore seeks withdrawal of the above appeal pending before the Tribunal so as to avail benefit under scheme. The ld.DR has no objection if the appeal of the assessee is treated to be withdrawn in terms of scheme opted by the assessee.

In the light of the above submission made by assessee, we find no reason to keep pending appeal of the assessee before the Tribunal. Accordingly, the appeal of the assessee stands dismissed. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any reasons, then the assessee will be at liberty to seek restoration of original appeal for adjudication before ITAT in accordance with law.

In the result, the appeal of the assessee stands dismissed as withdrawn under VSV scheme. Order pronounced in the Court on 28th September, 2021 at Ahmedabad.