What did the Tribunal hold?

The Tribunal considered the assessee's submission and application for withdrawal of the appeal. The Tribunal allowed the request for withdrawal in accordance with the Vivad se Vishwas Scheme, 2020.

The assessee filed an appeal for Assessment Year 2010-11. The assessee subsequently filed a written submission to withdraw the appeal as they opted to avail benefits under the Vivad se Vishwas Scheme, 2020.

What were the issues?

Whether the assessee's appeal can be withdrawn to avail the benefits of the Vivad se Vishwas Scheme, 2020.

M/S. Sonic Jewellers… vs ITO | ITAT Rajkot 2021

Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT

Before: Shri Mahavir Prasad & Shri Amarjit Singh

For Respondent: Shri S.S. Rathi, Sr. D.R

Revenue by: Shri S.S. Rathi, Sr. D.R. Assessee by: Withdrawal Application Date of hearing : 11-05-2021 Date of pronouncement : 13-05-2021 आदेश/ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:-

This assessee’s appeal for A.Y. 2010-11, arises from order of the CIT(A)-3, Rajkot dated 26-03-2015, in proceedings under section 143(3) of the Income Tax Act, 1961; in short “the Act”.

2 The assessee filed written submission to withdraw the appeal on the ground that he has opted to avail benefits of Vivad se Vishwas Scheme, 2020. When the matter was called for hearing, the ld. counsel for the assessee at the outset has submitted that he does not want to pursue the said appeal and requested that his application for withdrawal of appeal may please be granted.

Page No 2 M/s. Sonic Jewellers vs. ITO

The ld. Departmental Representative for the Revenue stated that he has no objection to withdraw the appeal in the circumstances narrated on behalf of the assessee.

We have considered the submission and application of the assessee for withdrawal of the appeal. 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 request for withdrawal of appeal 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 Application to recall this order to restore the original appeal within the time limit provided in the act.

In the result, the appeal of the assessee is dismissed as withdrawn.

Order pronounced in the open court on 13-05-2021

M/S. SONIC JEWELLERS,RAJKOT-GUJARAT vs. THE INCOME TAX OFFICER, WARD-2(4), RAJKOT-GUJARAT

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