What did the Tribunal hold?

The tribunal noted the assessee's prayer for withdrawal and the revenue's lack of objection. Consequently, the appeal was treated as withdrawn.

The assessee opted for the benefit of the Direct Tax Vivad Se Vishwas Act, 2020. The assessee filed Form No. 3 under the Act, seeking withdrawal of the appeal.

What were the issues?

Whether the appeal can be withdrawn by the assessee under the Vivad Se Vishwas Act.

Shri Labhubhai Savjibhai Kasodaria vs DCIT | ITAT Surat 2021

Income Tax Appellate Tribunal, SURAT BENCH, SURAT

Before: SHRI PAWAN SINGH & DR. ARJUN LAL SAINIShri Labhubhai Savjivbhai Kasodaria,

For Appellant: Shri Mehul Patel, AR

For Respondent: Ms Anupama Singla, Sr. DR

Hearing: 10/05/2021Pronounced: 10/05/2021

O R D E R PER DR. A. L. SAINI, ACCOUNTANT MEMBER: At the outset itself, Shri Mehul Patel, Learned Counsel for the assessee submitted that assessee has opted the benefit of the “Direct Tax Vivad Se Vishwas Act, 2020”. A copy of Form No. 3 under ‘the Direct Tax Vivad Se Vishwas Act, filed by the assessee in the Income Tax Department on 25.02.2021 was also placed before the Bench. Shri Mehul Patel, Learned Counsel for the assessee has prayed the Bench for withdrawal of the appeal to which, the learned Departmental Representative (in short “the ld. DR”) did not raise any objection.

We have heard both the parties and gone through the Form No. 3 along with Acknowledgement No.273631730250221, 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. DR for the revenue did not have any objection if the said appeal is withdrawn by the assessee. Consequently, we treat this appeal as withdrawn. The Assessing Officer is directed to pass the consequential order as per CBDT Circular No.03/2021 dated 04.03.2021.

2 ITA.749/AHD/2013/AY.2007-08 Labhubhai Savjibhai Kasodaria 3. In the result, the appeal of the assessee (in AY.2007-08) is dismissed as withdrawn.

Order pronounced on 10/05/2021 at the time of Virtual Court Hearing.

SHRI LABHUBHAI SAVJIBHAI KASODARIA,SURAT vs. THE DY.CIT.,CIRCLE-9, SURAT

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What were the facts?

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