SHRI DILIPBHAI KESHUBHAI ASWAR,BHARUCH vs. THE INCOME TAX OFFICER, WARD-2, BHARUCH

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ITA 3539/AHD/2015Status: DisposedITAT Surat01 March 2021AY 2010-112 pages
AI SummaryDismissed

What did the Tribunal hold?

The assessee sought permission to withdraw the appeal due to the settlement under the Vivad-Se-Vishwas Scheme. The Revenue had no objection to the withdrawal.

What were the facts?

The assessee filed an appeal against the order of the CIT(Appeals). During the pendency of the appeal, the assessee settled the dispute with the department under the Vivad-Se-Vishwas Scheme, 2020.

What were the issues?

Whether the assessee can withdraw an appeal after settling the dispute under the Vivad-Se-Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SURAT BENCH, SURAT

Before: SHRI PAWAN SINGH, Honble & Dr.SHRI ARJUN LAL SAINI, Honble

Hearing: 01.03.2021

O R D E R PER PAWAN SINGH, JUDICIAL MEMEBER:

1.

1. 1. This appeal by Assessee is directed against the order of ld.Commissioner of Income Tax(Appeals)-3, Vadodara dated 20.07.2015 for assessment year (AY) 2010-11.

2. The appeal came up hearing on 1st March 2021. The Ld.AR for the assessee submitted an application dated 26.02.2021 for withdrawal of the appeal on the ground that the assessee has settled dispute with the Department under Vivad-Se-Vishwas Scheme–2020 and had already received Form-3, issued from the office of Principal Commissioner of Income Tax, Vadodara-1, dated 11.12.2020 copy of which is filed. The Ld. AR for the assessee submits that the assessee

Dilipbhai Keshubhai Aswar Vs. ITO, Ward-2, Bharuch/ A.Y. 2010-11 shall pay the full and final demand as per undertaking given by assessee. The Ld. AR of assessee prayed for withdrawal of the appeal.

3.

The ld.Departmental Representative Sr.DR appearing for the Revenue has no objection if the appeal of assessee is dismissed as withdrawn. Considering the submissions of the Ld. AR of the assessee, the assessee is allowed to withdraw his appeal. Resultantly, the appeal of the Assessee is dismissed as withdrawn.

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