SMT. NARMADABEN BHOGILAL SOLANKI,AHMEDABAD vs. ITO, WARD-7(1)(5), AHMEDABAD
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal allowed the assessee to withdraw 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 were not availed.
What were the facts?
The assessee filed an appeal before the ITAT. During the pendency of the appeal, the assessee opted for the Vivad Se Vishwas Scheme and submitted Form No. 3. The Revenue had no objection to the withdrawal.
What were the issues?
Whether the assessee can withdraw an appeal to avail benefits under 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-Smt.Narmadaben Bhogilal Solanki
(Applicant) (Responent) : Assessee’s Withdrawal 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)-7, Ahmedabad dated 16.11.2018 for assessment year 2011-12.
When the matter was called for hearing, it is submitted by Shri Narmadaben Solanki, (AR) vide letter dated 24.5.2021 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. A letter dated 17.5.2021 written to the Tribunal to this effect is placed on record. The ld.DR has no objection if the appeal of the assessee is treated to be withdrawn in terms of scheme opted by the assessee.
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 and firmed copy of form no.3. 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.
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