SHRI VISHAL KAUSHIKKUMAR PATEL,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-8(4), 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's request to withdraw the appeal. The appeal was dismissed as withdrawn, with a liberty to seek restoration if the VSV Scheme benefits could not be availed for bonafide reasons.
What were the facts?
The assessee sought to withdraw their appeal before the ITAT because they had opted to avail the benefits of the 'Vivad se Vishwas Scheme, 2020'. The Departmental Representative had no objection to the withdrawal.
What were the issues?
Whether the assessee can withdraw an appeal filed before the ITAT due to opting for the Vivad se Vishwas Scheme.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD
Before: SHRI PRADIP KUMAR KEDIA
आदेश/O R D E R PER BENCH:
The captioned appeal has been filed at the instance of the assessee against the order of the Commissioner of Income Tax (Appeals)-8, Ahmedabad (‘CIT(A)’ in short), dated 08.12.2014 arising in the assessment order dated 08.03.2013 passed by the ITO, Ward-8(4), Ahmedabad under Section 143(3) of the Income Tax Act, 1961 (the Act) concerning AY 2010-11.
The captioned assessee has sought to withdraw the appeal listed above on the ground that he has opted to avail benefits of ‘Vivad se Vishwas Scheme, 2020’ (VSV). When the matter was called for hearing, the ld. counsel for the assessee at the outset has submitted that they do not seek to pursue the said appeals owing to exercise of option for availing VSV Scheme and consequently requested that his application for withdrawal of appeal may please be granted. Reference was also made to written requests in this regard.
ITA Nos.648/Ahd/15 - 2 -
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.
In the light of written requests made on behalf of the captioned party, the appeal is dismissed as withdrawn.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 appeal for hearing before ITAT in accordance with law.
In the result, the captioned appeal is dismissed as withdrawn.
This Order pronounced on 23/04/2021
Sd/- Sd/- (PRADIP KUMAR KEDIA) (MADHUMITA ROY) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad: Dated 23/04/2021 TRUE COPY TANMAY आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. राज�व / Revenue 2. आवेदक / Assessee 3. संबं�धत आयकर आयु�त / Concerned CIT. आयकर आयु�त- अपील / CIT (A) 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड� फाइल / Guard file. By order/आदेश से,
उप/सहायक पंजीकार आयकर अपील�य अ�धकरण, अहमदाबाद । 1.Date of dictation on 22.04.2021 As per VSVA Format 2.Date on which the typed draft is placed before the Dictating Member 22.04.2021 3.Date on which the approved draft comes to the Sr.P.S./P.S. .04.2021 4.Date on which the fair order is placed before the Dictating Member for pronouncement .04.2021 5.Date on which the fair order comes back to the Sr.P.S./P.S .04.2021 6.Date on which the file goes to the Bench Clerk 23.04.2021 7.Date on which the file goes to the Head Clerk…………. 8.The date on which the file goes to the Asstt. Registrar for signature on the order…………………… 9.Date of Despatch of the Order………
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