LATE HIRABEN RANCHHODBHAI PATEL (BY HER LR BIPIN R PATEL),AHMEDABAD vs. ITO, WARD-3(3)(8), AHMEDABAD

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ITA 138/AHD/2019Status: DisposedITAT Ahmedabad08 April 2021AY 2010-112 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 as the assessees had opted for the Vivad se Vishwas Scheme. However, it granted liberty to the assessees to seek restoration of their appeals if they failed to avail the scheme benefits for bonafide reasons.

What were the facts?

The assessees had filed appeals before the ITAT for different assessment years. They subsequently opted to avail the benefits of the 'Vivad se Vishwas Scheme, 2020'. Consequently, they requested to withdraw their pending appeals.

What were the issues?

Whether the appeals should be withdrawn by the assessee due to opting for the Vivad se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, AHMEDABAD

Before: SHRI PRADIP KUMAR KEDIA & SHRI MAHAVIR PRASAD

For Respondent: Shri R. R. Makwana, Sr. D.R
Hearing: 08/04/2021

आदेश/O R D E R

PER BENCH:

1.

The captioned two 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 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. & IT(SS)A No.391/Ahd/19 - 2 -

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In the light of oral/written requests made on behalf of the captioned parties, all the appeals are dismissed as withdrawn.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, both captioned appeals are dismissed as withdrawn. This Order pronounced on 08/04/2021

Sd/- Sd/- (MAHAVIR PRASAD) (PRADIP KUMAR KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad: Dated 08/04/2021 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.

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