SHRI PINESHBHAI VAGHABHAI HUF,AHMEDABAD vs. THE PR. CIT-5, AHMEADABAD

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ITA 179/AHD/2020Status: DisposedITAT Ahmedabad25 June 2021AY 2015-162 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The Income Tax Appellate Tribunal (ITAT) dismissed the appeal as withdrawn. However, it granted the assessee liberty to seek restoration of the appeal if they failed to avail the benefits of the VSV Scheme for bonafide reasons.

What were the facts?

The assessee sought to withdraw their appeal before the ITAT. This withdrawal was requested because the assessee had opted to avail the benefits of the 'Vivad se Vishwas Scheme, 2020'. The Revenue had no objection to this withdrawal.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, AHMEDABAD

Before: SHRI PRADIP KUMAR KEDIA

For Appellant: Shri R. R. Makwana, Sr. DR
Hearing: 25/06/2021

आदेश/O R D E R

PER MADHUMITA ROY, JM:

1.

The captioned appeal has been filed at the instance of the assessee against the order of the Pr. Commissioner of Income Tax-5, Ahmedabad (‘PCIT’ in short), dated 20.12.2019 under Section 263 of the Income Tax Act, 1961 (the Act) concerning AY 2015-16.

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). As per letter dated 17.06.2021 filed by assessee, it is submitted that assessee does not seek to pursue the said appeal owing to exercise of option for availing VSV Scheme and consequently requested that assessee’s application for withdrawal of appeal may please be granted.

3.

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 assessee.

4.

In the light of written requests made on behalf of the captioned party, the appeal is dismissed as withdrawn.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.

In the result, the captioned appeal is dismissed as withdrawn. 5. This Order pronounced on 25/06/2021

Sd/- Sd/- (PRADIP KUMAR KEDIA) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad: Dated 25/06/2021 True Copy TANMAY 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 । 1.Date of dictation on 22.06.2021 As per VSV format 2.Date on which the typed draft is placed before the Dictating Member 22.06.2021 3.Date on which the approved draft comes to the Sr.P.S./P.S. .06.2021 4.Date on which the fair order is placed before the Dictating Member for pronouncement .06.2021 5.Date on which the fair order comes back to the Sr.P.S./P.S .06.2021 6.Date on which the file goes to the Bench Clerk 25.06.2021 7.Date on which the file goes to the Head Clerk…………. 8.The date on which the file goes to the Asstt. Registrar for signature on the order…………………… 9.Date of Despatch of the Order………

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