THE DCIT, CIRCLE-1(1)(1), SURAT vs. M/S. AAISHWARYA FABTEX PVT. LTD., SURAT

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ITA 3310/AHD/2016Status: PendingITAT Surat27 April 2021AY 2013-142 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee prayed for withdrawal of the appeal and the Revenue did not object. Therefore, the appeal was treated as withdrawn.

What were the facts?

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

What were the issues?

Whether the appeal should be dismissed as withdrawn by the assessee under the Vivad Se Vishwas Act.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SURAT BENCH, SURAT

Before: SHRI PAWAN SINGH & DR. ARJUN LAL SAINI

For Appellant: Ms Chaitali Shah, CA
For Respondent: Ms Anupama Singla, Sr. DR
Hearing: 27/04/2021Pronounced: 27/04/2021

O R D E R PER DR. A. L. SAINI, ACCOUNTANT MEMBER: At the outset itself, Ms Chaitali Shah, Learned Counsel for the assessee, submitted before the Bench 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 13.01.2021 was also placed before the Bench. The assessee, by way of a letter dated 20.04.2021, submitted that he has prayed for withdrawal of the appeal to which, the learned Departmental Representative (in short “the Ld. DR”) did not raise any objection.

2.

We have heard both the parties and gone through the Form No.3 along with Acknowledgement No.204859970130121 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 DR for the Revenue did not have any objection if the said appeal is withdrawn by the assessee. Consequently, we treat this appeal as withdrawn.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.

Assessment Year.2013-14 Aaishwarya Fabtex Pvt. Ltd. 3. In the result, the appeal of the Revenue (in ITA No.3310/AHD/2016 for AY.2013-14) is dismissed as withdrawn.

Order pronounced on 27/04/2021 at the time of Virtual Court Hearing.

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