SHRI OSHAM JAIN TEMPLE TRUST, RAJKOT,AT . PATANVAV, TALUKA DHORAJI, DIST. RAJKOT vs. THE CIT(A)-2, RAJKOT, RAJKOT

The concerned appeals filed by same assessee arise from order of the Ld. CIT(A), in the proceedings under Income Tax Act, 1961; in short “the Act”.

These 404 days delay preferring the appeal before us an application for condonation of delay has also been filed by the assessee explaining the reason for such delay. We have perused the same and the reason seems to be genuine and hence, the delay is condoned. The assessee has also preferred an application obtaining for Vivad se Vishwas Scheme, 2020 relating documents whereof including Form No. 3 has been filed.

The assessee filed written submissions to withdraw the appeals on the ground that they have opted to avail benefits of Vivad se Vishwas Scheme, 2020 and in their submissions the assessee has 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 assessee 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 appeals may please be granted.

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.

We have considered the submissions and application of the assessee for withdrawal of the appeal as the application has 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 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 Applications to recall this order to restore the original appeals within the time limit provided in the act.

In the result, the captioned appeal of the assessee is dismissed as withdrawn.