CHAITANYA BABULAL PATEL,AHMEDABAD vs. ACIT, CIRLCE-5(1), AHMEDABAD

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ITA 114/AHD/2019Status: DisposedITAT Ahmedabad15 March 2021AY 2012-132 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 assessee's request to withdraw the appeals, referencing the provisions of the Vivad se Vishwas Scheme, 2020. The assessee was granted liberty to file miscellaneous applications if any issues remained unresolved under the scheme.

What were the facts?

The assessee sought to withdraw their appeals before the ITAT as they had opted for the Vivad se Vishwas Scheme, 2020. The Department had no objection to the withdrawal.

What were the issues?

Whether the assessee can withdraw their appeal before the ITAT due to 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

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. 114/Ahd/2019 2012-13 Chaitanya Babulal Patel ACIT Withdrawal R. R. (AAWPP5984C) Circle-5(1), Makwana Ahmedabad Date of hearing : 10-03-2021 Date of pronouncement : 15-03-2021 आदेश/ORDER PER: AMARJIT SINGH, ACCOUNTANT MEMBER:-

This assessee’s appeal for A.Y. 2012-13, arises from order of the CIT(A)-5, Ahmedabad dated 28.12.2018, in proceedings under section 143(3) r.w.s. 263 of the Income Tax Act, 1961; in short “the Act”.

2.

The assessee filed written submissions to withdraw the appeals on the ground that they have opted to avail benefits of Vivad se Vishwas Scheme, 2020. When the matter was called for hearing, the ld. counsels for the assessee 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 assessee.

4.

We have considered the submission and application of the assessee for withdrawal of the appeals as their applications have been approved under Vivad se Page No. 2 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 assessee 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 assessee 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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