VAGHJIBHAI G SHAH,AHMEDABAD vs. THE ACIT CIRCLE-PALANPUR, PALANPUR
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal allowed the assessees' request to withdraw the appeals. It was clarified that if the assessees fail to avail the VSV Scheme for bonafide reasons, they can seek restoration of the original appeals.
What were the facts?
The assessees had filed appeals before the ITAT. During the hearing, the assessees sought to withdraw these appeals as they had opted to avail benefits under the 'Vivad se Vishwas Scheme, 2020'. The Revenue 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The primary issue was whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas Scheme.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “D” BENCH, AHMEDABAD
Before: SHRI PRADIP KUMAR KEDIA
आदेश/O R D E R
PER BENCH:
The captioned seven appeals arise from the respective orders of the Commissioner of Income Tax (Appeals) (‘CIT(A)’) against different assessment years.
The captioned assessees have sought to withdraw the appeals 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 & 6 Ors. (Vaghjibhai G. Shah & Ors.) - 2 - 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In the light of oral/written requests made on behalf of the captioned parties, all the appeals are dismissed as withdrawn.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 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In the result, all captioned appeals are dismissed as withdrawn.
This Order pronounced on 24/02/2021
Sd/- Sd/- (MADHUMITA ROY) (PRADIP KUMAR KEDIA) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad: Dated 24/02/2021 True Copy S. K. SINHA आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. राज�व / Revenue 2. आवेदक / Assessee 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त- अपील / CIT (A) 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड� फाइल / Guard file.
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