What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal in limine as the assessee had opted for the Vivad se Vishwas Scheme. The Revenue was granted liberty to seek restoration if the assessee failed to avail the scheme's benefits.

The Revenue filed an appeal against the CIT(A)'s order. The assessee had opted for the Vivad se Vishwas Scheme, 2020, and received a certificate for tax arrears.

What were the issues?

Whether the Revenue's appeal should be dismissed in light of the assessee's participation in the Vivad se Vishwas Scheme.

ACIT vs Shri Rajendra B Joshi | ITAT Ahmedabad 2021

Income Tax Appellate Tribunal, “B” BENCH, AHMEDABAD

Before: SHRI PRADIP KUMAR KEDIA & SHRI MAHAVIR PRASAD

For Appellant: Shri R. R. Makwana, Sr.DR

आदेश/O R D E R

PER BENCH:

The captioned appeal has been filed at the instance of the Revenue against the order of the Commissioner of Income Tax (Appeals)-3, Ahmedabad (‘CIT(A)’ in short), dated 24.08.2017 arising in the assessment order dated 28.12.2016 passed by the Assessing Officer (AO) under s. 143(3) of the Income Tax Act, 1961 (the Act) concerning AY 2014-15.

[ACIT vs. Shri Rajendra B Joshi] A.Y. 2014-15 - 2 - 2. When the matter was called for hearing in the captioned Revenue’s appeal, learned counsel for the assessee as per written request 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 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 restoration of original appeal for hearing before ITAT in accordance with law.

In the result, the captioned appeal of Revenue is dismissed in 5. limine.

This Order pronounced on 02/06/2021

ACIT, CIRCLE 3(3), AHMEDABAD vs. SHRI RAJENDRA B JOSHI, AHMEDABAD

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