What did the Tribunal hold?

The Tribunal considered the assessee's application and the revenue's no objection. The appeal was dismissed as withdrawn due to the settlement under the VSV-20 scheme.

The assessee filed an appeal before the ITAT. Subsequently, the assessee availed the benefits of the Vivad se Visvas Scheme (VSV-20) and received Form-3, indicating settlement of the dispute.

What were the issues?

Whether an appeal pending before the ITAT can be withdrawn by the assessee after settling the dispute under the Vivad se Visvas Scheme.

Kanubhai Vanmalibhai Patel(HUF) vs ITO | ITAT Surat 2021

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER (Hearing in Virtual Court) Kanubhai Vanmalibhai The Income Tax Officer, Patel(HUF), Ward-3(3)(5), Surat. Vs 6, Siddharth Society, L.H.Road, Behind Afil Tower, Surat - 395

010.

PAN : AAKHP 0715 K Applicant Respondent

Assessee by Ms.Himali Mistry – CA Revenue by Shri B.Panda – Sr.DR Date of hearing 31.05.2021 Date of pronouncement 31.05.2021 Order under section 254(1) of Income Tax Act PER PAWAN SINGH, JUDICIAL MEMBER:

This appeal by assessee is directed against the orders of ld. Commissioner of Income tax (Appeals)-3, Surat, dated 12.12.2017, which in turn arise from the assessment order under section 143(3) 15.03.2016 for assessment year (AY) 2013-14. The appeal came up hearing on 31st May 2021. Perusal of record shows that the learned Counsel for the assessee has filed an application on 27th May 2021 inter alia stating therein that the assessee has availed the benefits of Vivad se Visvas Scheme -2020 (VSV-20) and has received Form-3 of VSV-20. The assessee also filed copy of Form-3 bearing Acknowledgement No. 203037970120121 from designated authority and prayed for withdrawal Kanubhai Vanmalibhai Patel (HUF) (AY 2013-14) of appeal. The learned Proxy counsel for the assessee payed for withdrawal of the appeal.

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Departmental Representative (Sr DR) submits that she has no objection if the appeal of the assessee is dismissed as withdrawn.

We have considered the contents of the application filed by the assessee and the submissions of Sr DR for the revenue. Considering the facts that the assessee has settled the dispute with the department under VSV-20, and has received Form-3 of VSV-20, the appeal of the assessee is dismissed as withdrawn with liberty to the assessee as well as to the revenue that in case, if the application preferred by the assessee under VSV-20 does not get finally settled for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 and in such event, the appeals shall get restored. The Assessing Officer is directed to pass consequential order as per CBDT Circular No. 3/2021 dated 04.03.2021. In the result the appeal of the assessee is dismissed as withdrawn. Order announced at the time of hearing of appeal on 31st May, 2021 in the Virtual Court hearing. (Dr ARJUN LAL SAINI) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER Surat, Dated: 31/05/2021 / sgr

2 Kanubhai Vanmalibhai Patel (HUF) (AY 2013-14) Copy to:

Appellant

Respondent

CIT(A)

CIT

Guard File/ By order / // /

KANUBHAI VANMALIBHAI PATEL(HUF),SURAT vs. INCOME TAX OFFICER WARD 3(3)(5), SURAT

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