JIGNESH DINESHBHAI PAVASIYA,,BHAVNAGAR vs. THE ITO, WARD-1(2), BHAVNAGAR

2 The assessees filed written submissions to withdraw the appeals on the ground that they have opted to avail benefits of Vivad se Vishwas Scheme, 2020 and in their submissions the assessees have also enclosed the copies form no. -3 issued by the Pr. CIT of Income Tax for approving the applications filed by the assessees under the Vivad se Vishwas Scheme, 2020. When the matter was called for hearing, the ld. counsels for the assessees at the outset have submitted that they do not want to pursue the said appeals since their applications under Vivad se Vishwas Scheme, 2020 54/Ahd/2019 A.Y. 2015-16 & 2010-11 Page No 2 Jignesh Dineshbhai Pavasiya vs. ITO & Bela Rakesh Shah vs. ITO have been approved by the Income Tax Department and requested that their applications for withdrawal of appeals may please be granted.

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

We have considered the submissions and applications of the assessees for withdrawal of the appeals as their applications have been approved under Vivad se Vishwas Scheme, 2020. 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. In the light of the provision made in the scheme and after considering the material on record, the aforesaid requests for withdrawal of appeals of the assessees 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 assessees will be at liberty to file the Miscellaneous Applications to recall this order to restore the original appeals within the time limit provided in the act.

In the result, both the appeals filed by different assessees are dismissed as withdrawn. Order pronounced in the open court on 30-07-2021 Sd/- Sd/- (MAHAVIR PRASAD) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad : Dated 30/07/2021 54/Ahd/2019 A.Y. 2015-16 & 2010-11 Page No 3 Jignesh Dineshbhai Pavasiya vs. ITO & Bela Rakesh Shah vs. ITO