PRADIPSINH BHIKHUBHA GOHIL,AHMEDABAD vs. THE ITO, WARD-5(2)(1), AHMEDABAD

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ITA 2426/AHD/2018Status: DisposedITAT Ahmedabad12 March 2021AY 2013-142 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 assessees' request to withdraw the appeals, citing the provisions of the Vivad se Vishwas Scheme, 2020. It was clarified that the assessees could file miscellaneous applications to recall the order if any issues remained unresolved under the scheme.

What were the facts?

The assessees sought to withdraw their appeals before the ITAT as they had opted for the Vivad se Vishwas Scheme, 2020. Their applications under the scheme were approved by the Income Tax Department.

What were the issues?

Whether the appeals can be withdrawn by the assessees due to their opting for the Vivad se Vishwas Scheme, 2020.

Which sections of the Income-tax Act were involved?

Section 4 of Direct Tax Vivad se Vishwas Scheme, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD “B” BENCH

Before: SHRI MAHAVIR PRASAD & SHRI AMARJIT SINGH

Consolidated Appeals (2)

ITA 2920/Ahd/2017AY 2013-14
ITA 2426/Ahd/2018AY 2013-14

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “B” BENCH (Conducted Through Virtual Court) Before: SHRI MAHAVIR PRASAD, JUDICIAL MEMBER And SHRI AMARJIT SINGH, ACCOUNTANT MEMBER S. ITA/IT(SS)A No. A.Y. Appellant (PAN NO.) Respondent A.R. D.R. No. 1. 2920/Ahd/2017 2013-14 Pradipsinh Bhikhubha Gohil ITO Withdrawal R. R. (AKGPG0147G) Ward-5(2)(1), Makwana Ahmedabad 2. 2426/Ahd/2018 2013-14 Pradipsinh Bhikhubha Gohil ITO -do- -do- (AKGPG0147G) Ward-5(2) (1), Ahmedabad Date of hearing : 09-03-2021 Date of pronouncement : 12-03-2021 आदेश/ORDER PER BENCH:-

These two appeals filed by different assessees, arise from order of the CIT(A), in proceedings under Income Tax Act, 1961; in short “the Act”.

2.

The assessees filed written submissions to withdraw the appeals on the ground that they have opted to avail benefits of Vivad se Vishwas Scheme, 2020 and in their submissions the assesseees have also enclosed the copies Form No. -3 issued by the Pr. CIT of Income Tax for approving the applications filed by the assessees under the Vivad se Vishwas Scheme, 2020. When the matter was called for hearing, the ld. counsels for the assessees at the outset have submitted that they do not want to pursue the said appeals since their applications under Vivad se Vishwas Scheme, 2020 have been approved by the Income Tax Department and requested that their applications for withdrawal of appeals may please be granted.

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 assessees. & 2426/Ahd/2018 Page No. 2 4. We have considered the submissions and applications of the assessees for withdrawal of the appeals as their applications have been approved under Vivad se Vishwas Scheme, 2020. A reference has been made in sub-Section (2) & (3) of Section 4 of Direct Tax Vivad se Vishwas Scheme, 2020 for the purpose of withdrawal of appeal. In the light of the provision made in the scheme and after considering the material on record, the aforesaid requests for withdrawal of appeals of the assessees to avail the VSV Scheme, 2020 in accordance with law is allowed. However, in case, any issue is remained un-resolved under the said scheme, then, the assessees will be at liberty to file the Miscellaneous Applications to recall this order to restore the original appeals within the time limit provided in the act.

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