What did the Tribunal hold?

The Tribunal allowed the assessees' request to withdraw the appeals in accordance with the Vivad se Vishwas Scheme. However, it granted liberty to file Miscellaneous Applications to recall the order if any issue remained unresolved under the scheme.

The assessees filed written submissions to withdraw their appeals before the ITAT, stating they had opted for the Vivad se Vishwas Scheme, 2020. The Departmental Representative had no objection to the withdrawal.

What were the issues?

Whether the assessees' appeals could be withdrawn to avail the benefits of the Vivad se Vishwas Scheme, 2020.

Shri Hiranand Bhulchand Rajvani… vs ACIT | ITAT Rajkot 2021

Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT

Before: Shri Mahavir Prasad & Shri Amarjit Singh

आदेश/ORDER PER BENCH:-

These eight appeals including one cross objection filed by different assessees arise from order of the CIT(A), in proceedings under Income Tax Act, 1961; in short “the Act”.

2 The assessees filed written submissions to withdraw the appeals on the ground that they have opted to avail benefits of Vivad se Vishwas Scheme, 2020. When the matter was called for hearing, the ld. counsel for the assessees at the outset has submitted that he does not want to pursue the said appeals and requested that his application 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 assessees.

We have considered the submissions and applications of the assessees for withdrawal of the appeals. 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 appeals. In the light of the provision made in the scheme and after considering the material on record, the aforesaid request 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 7 others Page No. 3 Hiranand Bhulchand Rajvani vs. ACIT & 7 others un-resolved under the said scheme, then, the assessees 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In the result, all the eight appeals including one cross objection filed by assessees are dismissed as withdrawn.

Order pronounced in the open court on 25-06-2021

SHRI HIRANAND BHULCHAND RAJVANI,JETPUR vs. THE ACIT-CIRCLE-1(2), RAJKOT

What did the Tribunal hold?

What were the facts?

What were the issues?

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