GIRISHKUMAR KRISHNALAL MISTRY (HUF),VALSAD vs. INCOME TAX OFFICER,(INTERNATIONAL TAXATION), SURAT

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ITA 791/SRT/2018Status: DisposedITAT Surat17 September 2021AY 2012-132 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal considered the submissions of both parties and allowed the assessee to withdraw the appeal. The assessee was granted liberty to seek restoration if the VSV-20 settlement failed.

What were the facts?

The assessee filed an appeal before the ITAT. During the pendency of the appeal, the assessee applied for and received Form-3 under the Vivad se Visvas Scheme, 2020.

What were the issues?

Whether the assessee can withdraw their appeal after opting for the Vivad se Visvas Scheme.

Which sections of the Income-tax Act were involved?

Section 254(1)

AI-generated summary — verify with the full judgment below

Assessee by Shri Amrin Pathan, Ld.A.R Revenue by Mrs Anupama Singla, Sr-DR Date of hearing 17.09.2021 Date of pronouncement 17.09.2021 Order under section 254(1) of Income Tax Act PER PAWAN SINGH, JUDICIAL MEMBER: 1. This appeal by assessee is directed against the order of ld. Commissioner of Income tax (Appeals)-13, Ahmedabad dated 16.11.2018 for assessment year 2012-13.This appeal came up hearing today (17th September 2021), the learned Counsel for the assessee submits that the assessee has applied for seeking the benefits of Vivad se Visvas Scheme -2020 (VSV-20) and received Form-3 of VSV-20 from designated authority. The learned counsel for the assessee further submits that he may be allowed to withdraw his appeal.

2.

On the other hand the learned Senior Departmental Representative (Sr. DR) submits that he has no objection, if the appeal of the assessee is dismissed as withdrawn as suggested by this bench.

Girishkumr K Mistry (A.Y. 12-13) 3. We have considered the submissions of both the parties and considering the facts that the assessee has already filed application before the prescribed authority under VSV-20 and have received Form-3 vide acknowledgement No. 227039410250121dated 25.01.2021 from designated authority. Hence, the appeal of the assessee is dismissed as withdrawn with liberty to the assessee as well as to the revenue that in case, if the applications preferred by the assessee under VSV-20 does not get finally settled for any reason whatsoever, then both the parties are at liberty to prefer Miscellaneous Application before this Tribunal for restoration of this appeal or any further direction and in such event, the appeals shall get restored. The assessing officer is directed to pass the consequential order.

4.

In the result, the appeal of the assessee is dismissed as withdrawn. Order announced at the time of hearing of appeal on Friday 17th September 2021 in the Virtual Court hearing.

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