SHRI SURESHBHAI SHAMARAO MARATHI,VADODARA vs. THE ITO, WARD-1(2)(3), VADODARA

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ITA 779/AHD/2019Status: DisposedITAT Ahmedabad23 December 2020AY 2010-112 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the withdrawal of the appeal as requested by the assessee. The assessee was granted liberty to seek restoration if they failed to avail the VSV Scheme for bonafide reasons.

What were the facts?

The assessee filed an appeal against an assessment order. Subsequently, the assessee sought to withdraw the appeal because they had opted to avail the benefits of the 'Vivad se Vishwas Scheme, 2020'.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to opting for the Vivad se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 144,Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD

Before: SHRI PRADIP KUMAR KEDIA

For Appellant: Shri R. R. Makwana, Sr.DR
Hearing: 22/12/2020Pronounced: 23/12/2020

The captioned appeal has been filed at the instance of the assessee against the order of the Commissioner of Income Tax (Appeals)-5, Vadodara (‘CIT(A)’ in short), dated 25.02.2019 arising in the assessment order dated 30.10.2017 passed by the ITO, Ward-1(2)(3), Vadodara under Section 144 r.w.s. 147 of the Income Tax Act, 1961 (the Act) concerning AY 2010-11.

2.

The captioned assessee has sought to withdraw the appeal listed above on the ground that assessee has opted to avail benefits of ‘Vivad [Shri Sureshbhai Shamarao Marathe vs. ITO] A.Y. 2010-11 - 2 - se Vishwas Scheme, 2020’ (VSV). As per letter dated 15.12.2020 filed by assessee, it is submitted that assessee does not seek to pursue the said appeal owing to exercise of option for availing VSV Scheme and consequently requested that assessee’s application for withdrawal of appeal may please be granted.

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In the light of written requests made on behalf of the captioned party, the appeal is dismissed as withdrawn.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

In the result, the captioned appeal is dismissed as withdrawn. 5. This Order pronounced on 23/12/2020

Sd/- Sd/- (PRADIP KUMAR KEDIA) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad: Dated 23/12/2020 True Copy TANMAY आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. राज�व / Revenue 2. आवेदक / Assessee 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त- अपील / CIT (A) 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड� फाइल / Guard file. By order/आदेश से,

उप/सहायक पंजीकार आयकर अपील�य अ�धकरण, अहमदाबाद ।

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