KAMLESH SEVARAM PANJABI,AHMEDABAD vs. DCIT (INTL. TAXATION)-1, AHMEDABAD
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 their appeals as their applications under the Vivad se Vishwas Scheme, 2020, were approved. This was in accordance with the provisions of the scheme.
What were the facts?
The assessees had filed appeals before the ITAT. They subsequently opted for the Vivad se Vishwas Scheme, 2020, and their applications were approved. The assessees requested withdrawal of their appeals.
What were the issues?
Whether appeals can be withdrawn by assessees who have opted for and been approved under the Vivad se Vishwas Scheme, 2020.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 “A” BENCH
Before: Shri Rajpal Yadav & Shri Amarjit Singh
आदेश/ORDER PER BENCH:-
These twenty nine appeals filed by different assessees except two i.e. ITA 2109/Ahd/2018 & 925/Ahd/2018 filed by revenue, arise from order of the CIT(A), in proceedings under Income Tax Act, 1961; in short “the Act”.
The assessees filed written submissions to withdraw the appeals on the ground that they have opted to avail benefits of Vivad se Vishwas Scheme, 2020 and in their submissions the assesseees have also enclosed the copies form no. -3 issued by the Pr. CIT of Income Tax for approving the applications filed by the assessees under the Vivad se Vishwas Scheme, 2020. When the matter was called for hearing, the ld. counsels for the assessees 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.
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 assessees.
We have considered the submissions and applications of the assessees for withdrawal of the appeals as their applications have been approved under Vivad se 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 appeals. In the light of the provision made in the scheme and after considering the material on record, the aforesaid requests for withdrawal of appeals to avail the VSV Scheme, 2020 in accordance with law is allowed.
I.T.A/IT(SS)A Nos. 1628/Ahd/2018 & 28 others Page No 4 Kamlesh Sevaram Panjabi & 28 others However, in case, any issue is remained un-resolved under the said scheme, then, the assessees 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.
In the result, all the twenty nine appeals are dismissed as withdrawn.
Order pronounced in the open court on 22-01-2021 Sd/- Sd/- (RAJPAL YADAV) (AMARJIT SINGH) VICE PRESIDENT ACCOUNTANT MEMBER Ahmedabad : Dated 22/01/2021 आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/आदेश से,
उप/सहायक पंजीकार आयकर अपील�य अ�धकरण, अहमदाबाद
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