SHRI MUKESH MOHANBHAI PATEL,AHMEDABAD vs. THE ACIT, CENTRAL CIRCLE-2(4), AHMEDABAD

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ITA 163/AHD/2020Status: DisposedITAT Ahmedabad29 June 2021AY 2014-152 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 noted that the assessee opted for the Vivad Se Vishwas Scheme and had completed the formalities. Therefore, the appeal was withdrawn as per the scheme.

What were the facts?

The assessee filed an appeal before the ITAT for assessment year 2014-15. Subsequently, the assessee filed an application for withdrawal of the appeal under the Direct Tax Vivad Se Vishwas Act, 2020, having completed the necessary formalities.

What were the issues?

Whether the assessee's appeal should be withdrawn due to opting for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 5

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, AHMEDABAD

Before: SHRI RAJPAL YADAV, VICE- & SHRI WASEEM AHMED

Hearing: 01/07/2021Pronounced: 01/07/2021

PER RAJPAL YADAV, VICE-PRESIDENT:

1.

The above appeal filed by the assessee arises from order of the Commissioner of Income Tax (Appeals)-4, Ahmedabad dated 13.12.2019 for assessment year 2014-15.

2.

When the matter was called for hearing, it is noticed that the assessee has filed an application for withdrawal of appeal under Direct Tax Vivad Se Vishwas Act, 2020. Along with the application the assessee filed copy of Form No.3 issued under sub-section (1) of section 5 of the Act, 2020. In other words, the assessee wants to resolve the issue with the department by availing benefit under Vivad Se Vishwas Scheme, and necessary formalities have been completed,

and therefore, the appeal of the assessee requires to be withdrawn in terms of scheme. The ld.DR has no objection if the appeal of the assessee is treated to be withdrawn in terms of scheme opted by the assessee.

3.

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.

4.

In the result, the appeal of the assessee stands dismissed under VSV scheme. Order pronounced in the Court on 1st July, 2021 at Ahmedabad.

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