NILESHKUMAR MAFATLAL SHAH,AHMEDABAD vs. THE ITO, WARD-5(3)(2), AHMEDABAD

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.

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In the light of written requests made on behalf of the assessees, all the appeals are treated as dismissed as being withdrawn.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In the result, all the appeals are dismissed as being withdrawn under Vivad Se Vishwas scheme.