What did the Tribunal hold?

The Tribunal allowed the assessee's request to withdraw the appeal. The appeal was dismissed as withdrawn, with a liberty to seek restoration if the assessee fails to avail the VSV Scheme for bonafide reasons.

The assessee sought to withdraw their appeal before the ITAT. The reason for withdrawal was that the assessee had opted to avail the benefits of the 'Vivad se Vishwas Scheme, 2020'.

What were the issues?

Whether the assessee can withdraw their appeal to avail the benefits of the Vivad se Vishwas Scheme.

M/S. Prima Chemicals vs JCIT | ITAT Ahmedabad 2021

Income Tax Appellate Tribunal, “C” BENCH, AHMEDABAD

Before: SHRI RAJPAL YADAV & SHRI PRADIP KUMAR KEDIA

For Appellant: Shri S. N. Divatia, A.R, Shri L. P. Jain, Sr.DR

आदेश/O R D E R

PER PRADIP KUMAR KEDIA - AM:

The captioned appeal has been filed at the instance of the assessee against the order of the Commissioner of Income Tax (Appeals)-3, Ahmedabad (‘CIT(A)’ in short), dated 28.05.2015 arising in the assessment order dated 14.03.2013 passed by the Assessing Officer (AO) under s. 143(3) of the Income Tax Act, 1961 (the Act) concerning AY 2010-11.

(M/s. Prima Chemicals vs. Jt.CIT) A.Y. 2010-11 - 2 - 2. The captioned assessee has sought to withdraw the appeal listed above on the ground that assessee has opted to avail benefits of ‘Vivad se Vishwas Scheme, 2020’ (VSV). When the matter was called for hearing, the ld. counsel for the assessee at the outset has submitted that he does not seek to pursue the said appeal owing to exercise of option for availing VSV Scheme and consequently requested that his application for withdrawal of appeal 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 appeal in the circumstances narrated on behalf of the assessee.

In the light of written request made on behalf of the captioned assessee, the appeal is dismissed as withdrawn.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 appeal for hearing before ITAT in accordance with law.

In the result, the captioned appeal is dismissed as withdrawn.

This Order pronounced on 16/02/2021

M/S. PRIMA CHEMICALS,AHMEDABAD vs. THE JT. CIT, RANGE-3, AHMEDABAD

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

Recent GST High Court judgments