RAJESH PRAVINCHANDRA SHAH,AHMEDABAD vs. ADDL.CIT, CENTRAL RANGE-2, AHMEDABAD

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ITA 1432/AHD/2018Status: DisposedITAT Ahmedabad15 March 2021AY 2009-103 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal considered the assessees' submissions and applications for withdrawal, noting their approval under the Vivad se Vishwas Scheme. The withdrawal requests were allowed in accordance with the scheme's provisions.

What were the facts?

The assessees filed four appeals before the ITAT. They subsequently filed written submissions to withdraw these appeals, having opted to avail benefits under the Vivad se Vishwas Scheme, 2020.

What were the issues?

Whether the assessees' appeals could be withdrawn to avail the benefits of the Vivad se Vishwas Scheme, 2020.

Which sections of the Income-tax Act were involved?

Section 4

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD “SMC” BENCH

Before: Shri Mahavir Prasad & Shri Amarjit Singh

आदेश/ORDER PER BENCH:-

1.

These four appeals filed by two 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 assessees have also enclosed the copies form no. -3 issued by the Pr. CIT of Income Tax for approving the application filed by the assessees under the Vivad se Vishwas Scheme, 2020. When the matter was called & 3 others Page No 2 Divyang Ghanshyambhai Jani vs. ITO & 3 others for hearing, the ld. counsels for the assessees at the outset have submitted that they do not want to pursue the said appeals 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.

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.

5.

In the result, all the four appeals filed by two assessees are dismissed as withdrawn. Order pronounced in the open court on 15-03-2021 Sd/- Sd/- (MAHAVIR PRASAD) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad : Dated 15/03/2021 आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- & 3 others Page No 3 Divyang Ghanshyambhai Jani vs. ITO & 3 others

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