SHRI BHARATKUMAR M. DATTANI,JAMNAGAR vs. THE INCOME TAX OFFICER, WARD-3(1), JAMNAGAR
What did the Tribunal hold?
The Tribunal considered the submissions and applications for withdrawal. It allowed the requests for withdrawal of appeals to avail the VSV Scheme, 2020, in accordance with law.
What were the facts?
The assessees filed fifteen appeals before the ITAT. During the hearing, the assessees sought to withdraw their appeals as they had opted for the Vivad se Vishwas Scheme, 2020.
What were the issues?
Whether the assessees' appeals should be withdrawn to avail the benefits of the Vivad se Vishwas Scheme, 2020.
Which sections of the Income-tax Act were involved?
Direct Tax Vivad se Vishwas Scheme, 2020
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT
Before: Shri Amarjit Singh
आदेश/ORDER PER BENCH:-
These fifteen appeals filed by different assessees, arise from order of the CIT(A), in proceedings under Income Tax Act, 1961; in short “the Act”.
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 and in their submissions the assesseees have 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. counsels for the assessees at the outset have submitted that they do not want to pursue the said appeals and requested that their applications 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 as their applications have been approved under Vivad se Vishwas Scheme, 2020. A reference has been made in sub-section (2) & (3) of & 470/Rjt/2011 & 13 others Page No 3 Shri Bharatkumar M. Dattani vs. ITO & 13 others 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 requests for withdrawal of appeals of the assessees 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 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 fifteen appeals filed by different assessees are dismissed as withdrawn.
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