JAIHIND PROJECTS LTD.,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(2), AHMEDABAD

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ITA 3148/AHD/2016Status: DisposedITAT Ahmedabad12 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 appeals as their application under the Vivad se Vishwas Scheme was approved. The appeals were dismissed as withdrawn.

What were the facts?

The assessee filed appeals before the ITAT for the assessment year 2010-11. The assessee subsequently opted for the Vivad se Vishwas Scheme, 2020, and their application was approved.

What were the issues?

Whether the assessee's appeals should be withdrawn due to opting for the Vivad se Vishwas Scheme. The primary issue was the procedural aspect of withdrawing appeals based on a settlement scheme.

Which sections of the Income-tax Act were involved?

Section 4

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD “B” BENCH

Before: Shri Amarjit Singh

For Appellant: Shri S.N. Divetia, A.R
For Respondent: Shri Kishan Vyas, CIT-D.R, Shri S.N. Divetia, A.R

PER : AMARJIT SINGH, ACCOUNTANT MEMBER:- These two appeals filed by assessee A.Y. 2010-11, arise from order of the CIT(A)-2, Ahmedabad, in proceedings under section 263 & 143(3) r.w.s. 263 of the Income Tax Act, 1961; in short “the Act”.

2 The assessee filed written submission to withdraw the appeals on the ground that he has opted to avail benefits of Vivad se Vishwas Scheme, 2020 and in his submission the assessee has also enclosed the copies form no. -3 issued by the Pr. CIT of Income Tax for approving the application filed by the assessee

I.T.A Nos. 2218/Ahd/2015 & 3148/Ahd/2016 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 appeals 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 appeals within the time limit provided in the act.

5.

In the result, both the appeals of the assessee are dismissed as withdrawn.

Order pronounced in the open court on 12-01-2021 (MADHUMITA ROY) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad : Dated 12/01/2021

I.T.A Nos. 2218/Ahd/2015 & 3148/Ahd/2016 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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