SMT. GARVITABEN V. PATEL, (L/H OF LATE SHRI VIRENDRA J PATEL),VADODARA vs. DCIT, CIRCLE 1(2), BARODA
What did the Tribunal hold?
The Tribunal allowed the withdrawal of the appeals and cross objections. It was clarified that if the assessee fails to avail the VSV Scheme for bonafide reasons, they can seek restoration of the appeals.
What were the facts?
The captioned appeals and cross objections were filed by various assessees and the Revenue. The assessees sought to withdraw their appeals and the Revenue's appeals due to opting for the 'Vivad se Vishwas Scheme, 2020'.
What were the issues?
The primary issue was whether the appeals should be dismissed as withdrawn based on the assessees' decision to avail the 'Vivad se Vishwas Scheme'.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “ A ” BENCH, AHMEDABAD
Before: SHRI RAJPAL YADAV & SHRI WASEEM AHMED
Consolidated Appeals (9)
आदेश/O R D E R
PER BENCH:
The captioned appeals/Cross Objections arise from the respective orders of the Commissioner of Income Tax (Appeals) (‘CIT(A)’) and CIT(E) against different assessment years.
The captioned assessees have sought to withdraw the appeals/Cos 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.
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.
In the light of oral/written requests made on behalf of the captioned parties, all the appeals are dismissed as withdrawn.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 assessee
Smt. Garvitaben V.Patel (L/H.of Late Shri Virendra Patel) vs. Dy.CIT (and others) concerned will be at liberty to seek restoration of original appeals for hearing before ITAT in accordance with law.
In the result, all captioned appeals/COs are dismissed as withdrawn.
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