SHRI TULSIBHAI DEVRAJBHAI PATEL,MORBI vs. THE INCOME TAX OFFICER, WARD-5(3), MORBI

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ITA 61/RJT/2018Status: DisposedITAT Rajkot24 February 2021AY 2004-055 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the withdrawal of the appeals. It was clarified that if the assessee fails to avail the VSV scheme for bonafide reasons, they can seek restoration of the appeals.

What were the facts?

The assessees sought to withdraw their appeals before the ITAT, stating they had opted for the 'Vivad se Vishwas Scheme, 2020'. The Revenue had no objection to the withdrawal.

What were the issues?

The primary issue was whether the appeals should be dismissed as withdrawn due to the assessee's participation in the Vivad se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT

Before: SHRI RAJPAL YADAV & SHRI WASEEM AHMED

Consolidated Appeals (16)

ITA 149/Rjt/2014AY 2009-10
ITA 61/Rjt/2018AY 2004-05
ITA 62/Rjt/2018AY 2005-06
ITA 63/Rjt/2018AY 2006-07
ITA 343/Rjt/2018AY 2007-08
ITA 215/Rjt/2019AY 2013-14
ITA 266/Rjt/2019AY 2015-16
ITA 13/Rjt/2020AY 2011-12
ITA 14/Rjt/2020AY 2012-13
ITA 09/Rjt/2019AY 2012-13
ITA 118/Rjt/2019AY 2014-15
ITA 373/Rjt/2018AY 2013-14
ITA 431/Rjt/2018AY 2015-16
ITA 180/Rjt/2019AY 2015-16
ITA 419/Rjt/2018AY 2015-16
ITA 393/Rjt/2013AY 2007-08
For Respondent: Shri S.S. Rathi, Sr.DR, Shri Om Prakash Singh
Hearing: 23/02/2021

आदेश/O R D E R

PER BENCH:

1.

The captioned appeals arise from the respective orders of the Commissioner of Income Tax (Appeals) [‘CIT(A)’] against different assessment years.

2.

The captioned assessees have sought to withdraw their appeals and Revenue’s appeal listed above on the ground that they have opted to avail benefits of ‘Vivad se Vishwas Scheme, 2020’ (VSV). When the matter was called for hearing, the ld. counsels for the assessee at the and others Shri Tulsibhai Devrajbhai Patel vs. ITO and others - 4 - outset have submitted that they do not seek to pursue the said appeals owing to exercise of option for availing VSV Scheme and consequently requested that their applications for withdrawal of appeals may please be granted. Reference was also made to written requests in this regard.

3.

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 assessee.

4.

In the light of oral/written requests made on behalf of the captioned parties, all the appeals are dismissed as withdrawn. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any bonafide reasons, then the Assessee/Revenue concerned will be at liberty to seek restoration of original appeals for hearing before ITAT in accordance with law.

5.

In the result, all captioned appeals are dismissed as withdrawn.

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