SHRI KALPESH NATVARLAL SHAH,BARODA vs. THE DCIT, CIRCLE- 1(2), BARODA

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ITA 621/AHD/2019Status: DisposedITAT Ahmedabad27 April 2021AY 2006-072 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 appeals. However, it granted liberty to the assessees to seek restoration of their appeals if they failed to avail the VSV Scheme benefits for bonafide reasons.

What were the facts?

The assessees sought to withdraw their appeals before the ITAT because they had opted to avail benefits under the 'Vivad se Vishwas Scheme, 2020'. The Revenue had no objection to this request.

What were the issues?

The primary issue was whether the appeals could be withdrawn by the assessees due to their opting for the Vivad se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD

Before: SHRI PRADIP KUMAR KEDIA

For Respondent: Shri S. S. Shukla, Sr. D.R
Hearing: 27/04/2021

आदेश/O R D E R

PER BENCH:

1.

The captioned four appeals arise from the respective orders of the Commissioner of Income Tax (Appeals) (‘CIT(A)’) against different assessment years.

2.

The captioned 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’ (VSV). When the matter was called for hearing, the ld. counsels for the assessee at the outset have submitted that they do not seek to pursue the said & 3 others - 2 - appeals owing to exercise of option for availing VSV Scheme and consequently requested that their applications for withdrawal of appeals may please be granted. Reference was also made to written requests in this regard.

3.

The ld. Departmental Representative for the Revenue stated that he has no objection to withdraw the appeals in the circumstances narrated on behalf of the assessee.

4.

In the light of oral/written requests made on behalf of the captioned parties, all the appeals are dismissed as withdrawn. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any bonafide reasons, then the assessee concerned will be at liberty to seek restoration of original appeals for hearing before ITAT in accordance with law.

5.

In the result, all captioned appeals are dismissed as withdrawn. This Order pronounced on 27/04/2021

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