SHRI SURESHKUMAR D PATEL,,AHMEDABAD vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(3),, AHMEDABAD

The captioned appeal has been filed at the instance of the Assessee against the order of the Learned Commissioner of Income Tax(Appeals)-3 Ahmedabad, dated 27/02/2019 arising in the matter of penalty order passed under s. 271(1)(c) of the Income Tax Act, 1961 (here-in-after referred to as "the Act") relevant to the Assessment Year 2011-2012.

When the case was called for hearing, the ld. counsel for the assessee filed an application dated 17/03/2021 seeking adjournment on the ground that assessee has filed form 1 & 2 to avail the benefit under Vivad se Vishwas (“VSV”) scheme and form 3 is awaited. He further submitted that he does not have any objection to withdraw the appeal if the Bench dismisses the same by passing the conditional order that the appeal can be restored in the event the assessee fails to avail the benefit of Vivad se Vishwas Scheme for any bona-fide reason. Accordingly, the ld. AR prayed that the assessee may be permitted to withdraw its appeal.

The ld. Departmental Representative for the Revenue stated that he has no objection for withdrawal of the appeal by the assessee, in the circumstances narrated on behalf of the assessee.

In the light of above submission of both the parties, we reject the adjournment petition and the appeal filed by the assessee stand dismissed as withdrawn. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any bonafide reason, then the assessee will be at liberty to seek restoration of original appeal for adjudication before ITAT in accordance with law.

In the result, the appeal filed by the assessee is dismissed as being withdrawn under VSV scheme.