SAWAN ENGINEERS PVT. LTD.,VADODARA vs. THE ACIT, CIRCLE-4, BARODA
What did the Tribunal hold?
The Tribunal noted that the assessee wished to withdraw the appeal due to availing the VSV Scheme. The Revenue had no objection to the withdrawal. The appeal was dismissed as withdrawn.
What were the facts?
The assessee filed an appeal before the ITAT for assessment year 2011-12. The assessee subsequently filed a declaration and undertaking under the 'Vivad se Samadhan Scheme' (VSV Scheme).
What were the issues?
Whether the assessee's appeal should be dismissed as withdrawn in light of the assessee opting for the Vivad se Samadhan Scheme.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH, AHMEDABAD
Before: SHRI RAJPAL YADAV, VICE- & SHRI AMARJIT SINH
PER RAJPAL YADAV, VICE-PRESIDENT:
The above appeal filed by the assessee arises from order of the Commissioner of Income Tax (Appeals)-2, Ahmedabad dated 28.5.20215 for assessment year 2011-12.
When the matter was called for hearing, it is noted that the ld.counsel for the assessee has filed a letter sent through email attaching therewith copies Form No.1 and 2 being declaration and undertaking filed by the assessee for availing benefit under “Vivad se Samadhan Scheme”. The same are taken on record. In view of this, the ld.counsel for the assessee submitted assessee does not want to pursue the said appeal owing to exercise of option for availing VSV Scheme
Tribunal.
The ld. Departmental Representative for the Revenue stated that he has no objection for withdrawal of the appeal by the assessee in view of the application of the ld.counsel for the assessee in this behalf.
In the light of the above submission made on behalf of the assessee by assessee’s representative, appeal of the assessee stands dismissed as withdrawn. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any bonafide reasons, then the assessee will be at liberty to seek restoration of original appeal for adjudication before ITAT in accordance with law.
In the result, the appeal of the assessee is dismissed as being withdrawn under VSV scheme. Order pronounced in the Court on 6th January, 2021 at Ahmedabad.
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