EVEREST INSTRUMENT PVT LTD.,VISNAGAR vs. JT. CIT, MEHSANA RANGE., MEHSANA

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ITA 844/AHD/2018Status: DisposedITAT Ahmedabad21 January 2021AY 2010-113 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee's request to withdraw the appeal, noting that the Vivad se Vishwas Scheme, 2020, provides for such withdrawals. The appeal was dismissed as withdrawn.

What were the facts?

The assessee sought to withdraw their appeal for AY 2010-11. The reason for withdrawal was that the assessee had opted to avail benefits under the Vivad se Vishwas Scheme, 2020, and their application had been approved.

What were the issues?

Whether the assessee's appeal can be withdrawn due to opting for the Vivad se Vishwas Scheme, 2020.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD “B” BENCH

Before: Shri Amarjit Singh

For Appellant: Shri Parin Shah, A.R
For Respondent: Shri R.R. Makwana, Sr. D.R, Shri Parin Shah, A.R

PER : AMARJIT SINGH, ACCOUNTANT MEMBER:- This assessee’s appeal for A.Y. 2010-11, arises from order of the CIT(A), Gandhinagar, Ahmedabad dated 05-02-2018, in proceedings under section 271(1)(c) of the Income Tax Act, 1961; in short “the Act”.

2 The assessee filed written submission to withdraw the appeal on the ground that he has opted to avail benefits of Vivad se Vishwas Scheme, 2020 and in his submission the assesseee has also enclosed the copies form no. -3 issued by the Pr. CIT of Income Tax for approving the application filed by the assessee under the I.T.A No. 844/Ahd/2018 A.Y. 2010-11 Page No 2 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 appeal. In the light of the provision made in the scheme and after considering the material on record, the aforesaid request for withdrawal of appeal of the assessee to avail the VSV Scheme, 2020 in accordance with law is allowed. However, in case, any issue is remained un-resolved under the said scheme, then, the assessee will be at liberty to file the Miscellaneous Application to recall this order to restore the original appeal within the time limit provided in the act.

5.

In the result, the appeal of the assessee is dismissed as withdrawn.

Order pronounced in the open court on 21-01-2021 (MADHUMITA ROY) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad : Dated 21/01/2021

I.T.A No. 844/Ahd/2018 A.Y. 2010-11 Page No 3 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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