What did the Tribunal hold?

The Tribunal noted the assessee's prayer for withdrawal under the Vivad Se Vishwas Scheme and that the Revenue had no objection. Consequently, the appeal was treated as withdrawn.

The assessee opted for the Direct Tax Vivad Se Vishwas Act, 2020, and filed an application for withdrawal of the appeal. The Departmental Representative did not object to the withdrawal.

What were the issues?

Whether an appeal can be withdrawn by the assessee after opting for the Vivad Se Vishwas Scheme.

Odhavkrupa Construction, Valsad vs ITO | ITAT Surat 2021

Income Tax Appellate Tribunal, SURAT BENCH, SURAT

Before: SHRI PAWAN SINGH, JM & DR. A. L. SAINI, AM

For Appellant: Shri Krunal Masrani - CA

Hearing: 18/06/2021Pronounced: 18/06/2021

PER DR. A. L. SAINI, ACCOUNTANT MEMBER:

At the outset itself, Shri Krunal Masrani, CA appeared on behalf of the assessee stated that assessee has submitted an application in the Registry dated 16.06.2021 stating therein that he has opted the benefit of the “Direct Tax Vivad Se Vishwas Act, 2020”. A copy of FORM-5 under ‘the Direct Tax Vivad Se Vishwas Act, filed by the assessee in the Income Tax Department on 12.03.2021, vide Certificate No.148410950090121 issued by Principal Commissioner of Income Tax, Valsad for ITA No.279/SRT/2018 is also placed before the Bench. The Assessee prayed for withdrawal of the appeal to which, the learned Departmental Representative did not raise any objection.

We have heard both the parties and gone through FORM-5 filed by the assessee to obtain the benefit of ‘Vivad Se Vishwas Scheme’ and noted that assessee has prayed for withdrawal of the appeal. The Ld.Sr.DR for the Revenue

ITA No.279/SRT/2018 for A.Y. 2013-14 Odhavkrupa Construction, Valsad

did not have any objection if the said appeal is withdrawn by the assessee. Consequently, we treat this appeal as withdrawn.

In the result, appeal of the Assessee (ITA No.279/SRT/2018 AY.2013-14) is dismissed as withdrawn.

Order is pronounced at the time of hearing of appeal on 18/06/2021 in the Virtual Court of hearing. (PAWAN SINGH) (Dr. A.L. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER Surat /"दनांक/ Date: 18/06/2021 /sgr Copy of the Order forwarded to 1. The Assessee

The Respondent

The CIT(A)

Pr.CIT

DR/AR, ITAT, Surat

Guard File By Order / // /

ODHAVKRUPA CONSTRUCTION,VALSAD vs. INCOME TAX OFFICER, WARD-3, VALSAD

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What were the issues?

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