NILESHKUMAR MAFATLAL SHAH,AHMEDABAD vs. THE ITO, WARD-5(3)(2), 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The Tribunal treated all the appeals as dismissed as being withdrawn. This was based on the assessees' written requests to avail the benefits of the Vivad se Vishwas Scheme and the Revenue's no objection to the withdrawal.
What were the facts?
Seventeen appeals were filed by different assessees before the ITAT. The assessees sought to withdraw these appeals as they had opted to avail benefits under the 'Vivad se Vishwas Scheme, 2020'.
What were the issues?
The primary issue was whether the appeals should be dismissed as withdrawn due to the assessees opting for the Vivad se Vishwas Scheme.
Which sections of the Income-tax Act were involved?
Vivad se Vishwas Scheme, 2020
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD
Before: SHRI RAJPAL YADAV, VICE-
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
आदेश/O R D E R
Out of above seventeen appeals are filed by different assessees which arise from respective orders of the Commissioner of Income Tax (Appeals) (‘CIT(A)’) for assessment years mentioned in the title cause.
& 16 Others(VSV Scheme)
The Registry of the ITAT has segregated the above appeals where 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’ (VSVS). When the matters were called for hearing, some of the assessees have filed withdrawal purshis and in other cases assessees appeared through their authorized representatives. The ld. counsels appearing for the assessees at the outset have submitted that they do not seek to pursue the above appeals owing to exercise of option for availing benefit under VSV Scheme and have complied with the requisite formalities, and therefore, requested that their applications for withdrawal of appeals may please be granted. Assessees have placed on record copies of form no.3 in this behalf. In other words, all the assessee wants to resolve their respective issues under Vivad Se Vishwas Scheme, and therefore, all the appeals are sought to be treated as withdrawan.
The ld. Departmental Representative for the Revenue stated that he has no objection for withdrawal of the appeals by the assessees, provided they comply with all formalities under Vivad Se Vishwas Act, 2020 to resolve the issue by taking advantage of the scheme.
In the light of written requests made on behalf of the assessees, all the appeals are treated as dismissed as being withdrawn. However, in the event, the assessees fail to avail the benefit of VSV Scheme for any bonafide reasons, then the assessees concerned will be at liberty to seek restoration of original appeals before ITAT in accordance with law. & 16 Others(VSV Scheme)
In the result, all the appeals are dismissed as being withdrawn under Vivad Se Vishwas scheme.
Order pronounced in the Court on 25th May, 2021 at Ahmedabad.
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