PAWAN INFRAHOMES PVT. LTD.,VADODARA vs. THE DCIT, CIRCLE-2(1)(2), AHMEDABAD

The captioned appeals arise from the different orders of the Commissioner of Income Tax (Appeals)-2, Baroda and Commissioner of Pawan Infrahomes P.Ltd. vs. DCIT IT(ss)A No.232/Ahd/2014-AY 2003-04& Harshad M.Shukla vs. ACIT Income Tax (Appeals)-IV, Ahmedabad [CIT(A)] for Assessment Year (AY) 2013-14 in the case of Pawan Infrahomes Pvt.Ltd. and AYs 2003- 04 & 2005-06 in the cases of Harshad M.Shukla.

The ld. ARs before us submitted that the assessees have opted to avail benefits of ‘Vivad se Vishwas Scheme, 2020’ (VSV). To this effect the assessees have filed the form 1 and 2 (in the case of Pawan Infrahomes Pvt.Ltd.) and form 1 (in the case of Harshad M.Shukla) before us and submitted that form 3 is awaited from the Income Tax office. Accordingly, the ld. counsels for the assessees at the outset have submitted that the assessee(s) does not seek to pursue the said appeals owing to exercise of option for availing VSV Scheme. Consequently, the ld. ARs requested to pass the conditional for the withdrawal of appeals. Reference was also made to written request in this regard.

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 assessees.

In the light of oral/written request made on behalf of the assessees, the appeals are dismissed as withdrawn. However, in the event, the assessee(s) fails to avail the benefit of VSV Scheme for any bona-fide reasons, then the assessee(s) concerned will be at liberty to seek restoration of original appeal(s) for hearing before ITAT in accordance with law.

In the result, appeals filed by the assessee(s) are dismissed as withdrawn.