THE ACIT, CIRCLE-3(1)(1), AHMEDABAD vs. SHRI UPENDRA CHINUBHAI SHAH, AHMEDABAD

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ITA 1627/AHD/2019Status: DisposedITAT Ahmedabad14 July 2021AY 2015-164 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The Tribunal dismissed the appeals and the cross-objection as withdrawn. The Revenue's appeal was also dismissed in limine.

What were the facts?

The assessees in two appeals and one cross-objection sought to withdraw their cases. They had opted to avail the benefits of the 'Vivad se Vishwas Scheme, 2020'.

What were the issues?

The primary issue was the withdrawal of appeals and cross-objections due to the assessee's opting for the Vivad se Vishwas Scheme.

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

Heard together (3 matters)

I.T.A. No. 58/Ahd/2020
I.T.A. No. 1627/Ahd/2019
CO No.18/Ahd/2020

Read from the judgment's own cause title. This page is filed under one of them.

आदेश/O R D E R

PER BENCH:

1.

The captioned two appeals and one Cross Objection arise from the respective orders of the Commissioner of Income Tax (Appeals) (‘CIT(A)’) against different assessment years.

2. First we take (in case of Ashish Gargi) & CROSS OBJECTION No. 18/Ahd/2020 (in case of Shri Upendra C. Shah).

2.

The captioned assessees has sought to withdraw the appeal and cross objection listed above on the ground that both assessees have opted to avail benefits of ‘Vivad se Vishwas Scheme, 2020’ (VSV). When the matter was called for hearing, the ld. counsels for the assessee at the outset has submitted that they do not seek to pursue the said appeal and cross objection owing to exercise of option for availing VSV Scheme and consequently requested that his application for withdrawal of appeal and cross objection 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 captioned appeal and cross objection in the circumstances narrated on behalf of the assessee.

ITA No. 58/Ahd/2020 & a/w CO No.18/Ahd/2020 A.Y. 2014-15 & 2015-16 - 3 - 4. In the light of oral/written requests made on behalf of the captioned parties, both appeal and cross objection are 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 appeals for hearing before ITAT in accordance with law.

5.

In the result, the captioned appeal and cross objection are dismissed as withdrawn.

6.

Now we take (in case of Shri Upendra C. Shah).

7.

When the matter was called for hearing in the captioned Revenue’s appeal, learned counsel for the assessee at the outset submitted that the designated authority has already granted certificate electronically to the declarant assessee concerning the particulars of the tax arrears and the amount payable in prescribed Form-3 notified in ‘Vivad se Vishwas Scheme, 2020’ (VSV) read with Rules framed thereunder. The learned counsel accordingly submitted that he does not seek to defend the said appeal owing to exercise of option for availing VSV Scheme, and consequently urged that assessee’s request for closure of Revenue’s appeal may please be granted.

8.

The ld. Departmental Representative for the Revenue stated that he has no objection to withdraw its appeal having regard to the application from assessee to avail the ongoing scheme.

9.

In the light of oral/written request made on behalf of the captioned assessee, the appeal of Revenue is dismissed in limine. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any reasons, then the Revenue will be at liberty to seek & ITA No.1627/Ahd/19 a/w CO No.18/Ahd/2020 A.Y. 2014-15 & 2015-16 - 4 - restoration of original appeal for hearing before ITAT in accordance with law.

In the result, the captioned appeal of Revenue is dismissed in 10. limine.

11.

In the result, the captioned assessee’s appeal and cross objection are dismissed as withdrawn, whereas, Revenue’s appeal is dismissed in limine.

This Order pronounced on 20/07/2021

Sd/- Sd/- (MADHUMITA ROY) (PRADIP KUMAR KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad: Dated 20/07/2021 TRUE COPY S. K. SINHA आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. राज�व / Revenue 2. आवेदक / Assessee 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त- अपील / CIT (A) 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड� फाइल / Guard file. By order/आदेश से,

उप/सहायक पंजीकार आयकर अपील�य अ�धकरण, अहमदाबाद ।

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