SHRI ASHISH GARGI,AHMEDABAD vs. THE ACIT, CIRCLE-5(1), AHMEDABAD

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.

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.

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. 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of oral/written requests made on behalf of the captioned parties, both appeal and cross objection are dismissed as withdrawn.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.

In the result, the captioned appeal and cross objection are dismissed as withdrawn.

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

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.

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.

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 assessee’s appeal and cross objection are dismissed as withdrawn, whereas, Revenue’s appeal is dismissed in limine.