BHAVESHKUMAR POPATLAL DHOLAKIYA,AHMEDABAD vs. THE ITO, WARD-1(1)(2), AHMEDABAD

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ITA 315/AHD/2018Status: DisposedITAT Ahmedabad27 May 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 allowed the withdrawal of the appeal as the assessee had opted for the Vivad Se Vishwas Scheme. The appeal was dismissed, with liberty to seek restoration if the scheme benefits could not be availed for bona fide reasons.

What were the facts?

The assessee opted for the Vivad Se Vishwas Scheme and submitted Form No. 3 to this effect. The assessee requested to withdraw the appeal to avail the benefits of the scheme.

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Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.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

Direct Tax Vivad Se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD

Before: SHRI RAJPAL YADAV, VICE-

Hearing: 28/05/2021Pronounced: 28/05/2021

(Applicant) (Responent) : Shri M.K. Patel, AR Assessee by Revenue by : Shri S.S.Shukla, Sr.DR सुनवाई क� तार�ख/Date of Hearing : 28/05/2021 घोषणा क� तार�ख /Date of Pronouncement: 28/05/2021 आदेश/O R D E R

The above appeal filed by the assessee arises from order of the Commissioner of Income Tax (Appeals)-1, Ahmedabad dated 28.11.2017 for assessment year 2014-15.

2.

When the matter was called for hearing, it is submitted by the ld.counsel for the assessee that the assessee has opted for Vivad Se Vishwas Scheme and issued form no.3 to this effect. Assessee has placed on record copy of Form No.3. It is therefore submitted that the assessee may be given permission to withdraw his appeal for availing benefit under Direct Tax Vivad Se Vishwas Act, 2020. The ld.counsel for the assessee has filed a letter dated 17.5.2021 to this effect. The ld.DR has no objection if the appeal of the assessee is treated to be withdrawn in terms of scheme opted by the assessee.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, I find no reason to keep pending appeal of the assessee before the Tribunal since the assessee has exercised its option to settle the issue as per Vivad Se Vishwas Scheme. Accordingly, the appeal of the assessee stands dismissed. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any bona fide 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 28th May, 2021 at Ahmedabad.

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