What did the Tribunal hold?

The Tribunal allowed the assessee's request to withdraw the appeal as their application under the Vivad se Vishwas Scheme was approved. The appeal was dismissed as withdrawn.

The assessee filed an appeal for Assessment Year 2011-12. The assessee subsequently opted for the Vivad se Vishwas Scheme, 2020, and sought to withdraw the appeal.

What were the issues?

Whether an appeal can be withdrawn by the assessee to avail benefits under the Vivad se Vishwas Scheme, 2020.

Pragati Textile Corporation… vs ACIT | 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

PER : AMARJIT SINGH, ACCOUNTANT MEMBER:-

This assessee’s appeal for A.Y. 2011-12, arises from order of the CIT(A)- 11, Ahmedabad dated 03-03-2015, 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 and in his submission the assessee has also enclosed the copies form no. -3 issued by the Pr. CIT of Income Tax for approving the application filed by the assessee under the Vivad se Vishwas Scheme, 2020. When the matter was called for hearing, the ld.

I.T.A. No. 309/Rjt/2015 A.Y. 2011-12 Page No 2 Vishwas Scheme, 2020. 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In the result, the appeal of the assessee is dismissed as withdrawn.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 (MAHAVIR PRASAD) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad : Dated 13/05/2021

I.T.A. No. 309/Rjt/2015 A.Y. 2011-12 Page No 3 आदेश क" ""त"ल"प अ"े"षत / Copy of Order Forwarded to:-

Assessee

Revenue

Concerned CIT

CIT (A)

DR, ITAT, Ahmedabad

Guard file.

By order,

PRAGATI TEXTILE CORPORATION,JETPUR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, RAJKOT-GUJARAT

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