THE DCIT, CENTRAL CIRCLE 1(1), AHMEDABAD vs. BIJAPUR HUNGUND TOLLWAY PVT. LTD., AHMEDABAD

The captioned appeal has been filed at the instance of the Revenue against the order of the Commissioner of Income Tax [DCIT vs. Bijapur Hungund Tollway Pvt. Ltd.] A.Y. 2012-13 - 2 - (Appeals)-11, Ahmedabad (‘CIT(A)’ in short), dated 26.11.2015 arising in the assessment order dated 16.06.2014 passed by the Assessing Officer (AO) under s. 143(3) of the Income Tax Act, 1961 (the Act) concerning AY 2012-13.

When the matter was called for hearing in the captioned Revenue’s appeal, learned counsel for the assessee at the outset submitted that the designated authority has already granted certificate electronically to the declarant assessee concerning the particulars of the tax arrears and the amount payable in prescribed Form-3 notified in ‘Vivad se Vishwas Scheme, 2020’ (VSV) read with Rules framed thereunder. The learned counsel accordingly submitted that he does not seek to defend the said appeal owing to exercise of option for availing VSV Scheme, and consequently urged that assessee’s request for closure of Revenue’s appeal may please be granted.

The ld. Departmental Representative for the Revenue stated that he has no objection to withdraw its appeal having regard to the application from assessee to avail the ongoing scheme.

In the light of written request made on behalf of the captioned assessee, the appeal of Revenue is dismissed in limine. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any reasons, then the Revenue will [DCIT vs. Bijapur Hungund Tollway Pvt. Ltd.] A.Y. 2012-13 - 3 - be at liberty to seek restoration of original appeal for hearing before ITAT in accordance with law.

In the result, the captioned appeal of Revenue is dismissed in limine.