SUMIT DINESHBHAI SABHAYA,JAMNAGAR vs. THE INCOME TAX OFFICER, WARD-3(1), JAMNAGAR

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ITA 251/RJT/2018Status: DisposedITAT Rajkot24 November 2021AY 2009-103 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee's request to withdraw the appeal, noting that their application under the Vivad se Vishwas Scheme had been approved. The assessee was granted liberty to file a miscellaneous application if any issue remained unresolved under the scheme.

What were the facts?

The assessee sought to withdraw their appeal before the ITAT because they had opted for the Vivad se Vishwas Scheme, 2020. Their application under the scheme was approved by the Income Tax Department.

What were the issues?

Whether an appeal can be withdrawn by the assessee due to opting for the Vivad se Vishwas Scheme, 2020.

Which sections of the Income-tax Act were involved?

Section 4

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAJKOT BENCH, RAJkOT

Before: SHRI MAHAVIR PRASAD & SHRI AMARJIT SINGH

For Appellant: Shri Chetan Agrawal, A.R
1.

This appeal filed by assessee arise from order of the Ld. CIT(A), Ahmedabad, in proceedings under the Income Tax Act 1961; in short “the Act”.

2 . A.Y. 2009-10 2. The assesses filed written submissions to withdraw the appeal on the ground that they have opted to avail benefits of Vivad se Vishwas Scheme, 2020 and in their submissions the assessee have also enclosed the copies form no.-3 issued by the Pr. CIT of Income Tax for approving the applications filed by the assessee under the Vivad se Vishwas Scheme, 2020. When the matter was called for hearing, the Ld. Counsels for the assesses 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 appeal may please be granted.

3.

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 assessee.

4.

We have considered the submissions and applications of the assessee for withdrawal of the appeal 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 appeal. In the light of the provision made in the scheme and after considering the material on record, the aforesaid requests for withdrawal of appeal of the assessee to avail the VSV Scheme, 2020 in accordance with law are 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.

3 . A.Y. 2009-10

5.

In the result, appeal filed by assessee is dismissed as withdrawn.

Order pronounced in Open Court on 26 - 11- 2021

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