PASCHIM GUJARAT VIJ COMPANY LTD.,BARODA vs. THE ACIT, CIRCLE-4, BARODA

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ITA 241/AHD/2016Status: DisposedITAT Ahmedabad14 July 2021AY 2009-103 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeal as withdrawn, acknowledging the assessee's decision to utilize the Vivad se Vishwas Scheme. The assessee was granted liberty to seek restoration if they failed to avail the scheme's benefits for bonafide reasons.

What were the facts?

The assessee sought to withdraw their appeal before the ITAT because they had opted to avail benefits under the 'Vivad se Vishwas Scheme, 2020'. The Departmental Representative had no objection to the withdrawal.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to opting for the Vivad se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 271(1)(d)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, AHMEDABAD

Before: SHRI PRADIP KUMAR KEDIA

For Respondent: Shri L. P. Jain, Sr.D.R

The captioned appeal has been filed at the instance of the assessee against the order of the Commissioner of Income Tax (Appeals)-2, Vadodara (‘CIT(A)’ in short), dated 27.11.2015 arising in the penalty order dated 30.03.2014 passed by the Assessing Officer (AO) under s. 271(1)(d) of the Income Tax Act, 1961 (the Act) concerning AY 2009-10.

[Paschim Gujarat Vij Company Ltd. vs. ACIT] A.Y. 2009-10 - 2 - 2. The captioned assessee has sought to withdraw the appeal listed above on the ground that assessee has opted to avail benefits of ‘Vivad se Vishwas Scheme, 2020’ (VSV). When the matter was called for hearing, the ld. counsel for the assessee at the outset has submitted that he does not seek to pursue the said appeal owing to exercise of option for availing VSV Scheme and consequently requested that his application for withdrawal of appeal may please be granted. Reference was also made to written requests in this regard.

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.

In the light of written request made on behalf of the captioned assessee, the appeal is dismissed as withdrawn. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any bonafide reasons, then the assessee concerned will be at liberty to seek restoration of original appeal for hearing before ITAT in accordance with law.

5.

In the result, the captioned appeal is dismissed as withdrawn.

This Order pronounced on 20/07/2021

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