THE ACIT, CENTRAL CIRCLE-1(3), AHMEDABAD vs. SHRI RAM VESSEL SCRAP PVT.LTD., BHAVNAGAR

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ITA 3119/AHD/2013Status: DisposedITAT Ahmedabad01 March 2021AY 2009-104 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed all the captioned appeals as withdrawn. It also granted liberty to the concerned parties to seek restoration of the appeals if they failed to avail the benefits of the VSV Scheme for bonafide reasons.

What were the facts?

The assessees sought to withdraw their appeals before the ITAT, as well as the Revenue's appeals, because they had opted to avail benefits under the 'Vivad se Vishwas Scheme, 2020'. The Departmental Representative had no objection to the withdrawal.

What were the issues?

The primary issue was whether the appeals should be dismissed as withdrawn due to the assessee's opting for the Vivad se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “ C ” BENCH, AHMEDABAD

Before: SHRI RAJPAL YADAV & SHRI WASEEM AHMED

For Respondent: Shri N.J. Vyas, Sr.DR
Hearing: 24/02/2021

आदेश/O R D E R PER BENCH:

1.

The captioned appeals arise from the respective orders of the Commissioner of Income Tax (Appeals) [‘CIT(A)’] against different assessment years.

2.

The captioned assessees have sought to withdraw their appeals and Revenue’s appeal listed above on the ground that they have opted to avail benefits of ‘Vivad se Vishwas Scheme, 2020’ (VSV). When the matter was called for hearing, the ld. counsels for the assessee at the outset have submitted that they do not seek to pursue the said appeals owing to exercise of option for availing VSV Scheme and consequently requested that their applications for withdrawal of appeals may please be granted. Reference was also made to written requests in this regard.

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.

In the light of oral/written requests made on behalf of the captioned parties, all the appeals are dismissed as withdrawn. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any bonafide reasons, then the to 1065/Ahd/2019 and others Divyajivan Infrastructure P.Ltd. vs. ACI T(CPC-TDS) (and others) - 4 - Assessee/Revenue concerned will be at liberty to seek restoration of original appeals for hearing before ITAT in accordance with law.

5.

In the result, all captioned appeals are dismissed as withdrawn.

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