M/S. BHAVANI INDUSTRIES,AHMEDABAD vs. THE DY. CIT, CIRCLE-3, AHMEDABAD

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ITA 2447/AHD/2014Status: DisposedITAT Ahmedabad31 May 2021AY 2005-062 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 allowed the withdrawal of the appeals. It was clarified that if the assessee fails to avail the VSV scheme for bonafide reasons, they can seek restoration of the appeals.

What were the facts?

The assessee sought to withdraw multiple appeals filed against the Income Tax Department. The reason for withdrawal was the assessee's decision to avail benefits under the 'Vivad se Vishwas Scheme, 2020'.

What were the issues?

The primary issue was whether the assessee's appeals should be dismissed as withdrawn due to their opting for the Vivad se Vishwas Scheme.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 WASEEM AHMED

Consolidated Appeals (3)

ITA 2447/Ahd/2014AY 2005-06
ITA 2445/Ahd/2014AY 2007-08
ITA 1719/Ahd/2014AY 2009-10
For Appellant: Shri M.K. Patel, A.R
Hearing: 31/05/2021Pronounced: 31/05/2021

(Applicant) (Respondent) Assessee by : Shri M.K. Patel, A.R Revenue by : Shri L.P. Jain, Sr.D.R सुनवाई क� तारीख/Date of Hearing : 31/05/2021 घोषणा क� तारीख /Date of Pronouncement: 31/05/2021 आदेश/O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER:

The captioned appeals have been filed at the instance of the Assesse against the separate orders of the Learned Commissioner of Income Tax(Appeals) Ahmedabad, involving the respective Assessment Years.

4 others Asstt. Year 2005-06 2

2.

The assessees have sought to withdraw the appeals listed above on the ground that they 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 have submitted that they do not seek to pursue the said appeals owing to exercise of option for availing VSV Scheme and consequently requested that their applications for withdrawal of appeals 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 appeals in the circumstances narrated on behalf of the assessee.

4.

In the light of oral/written requests made on behalf of the captioned parties, all the appeals 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 appeals of the Assessee are dismissed under VSV Scheme.

Order pronounced in the Court on 31/05/2021 at Ahmedabad.

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