SHRI VISHNUBHAI MAFATLAL PATEL,AHMEDABAD vs. THE DCIT, CENTRAL CIRCLE-1(1), AHMEDABAD

The above appeals filed by the assessee arises from order of the Commissioner of Income Tax (Appeals) (‘CIT(A)’) dated 27.6.2018 for assessment year 2010-11.

When the matter was called for hearing, it is pointed out to the Bench that the assessee has moved an application under section 5(2) read with section 4(3) of the Direct Tax Vivad Se Vishwas Act, 2020 for withdrawal of its above appeal. It is pleaded in the application that that assessee does not seek to pursue the said appeal owing to exercise of option for availing VSV Scheme and it has complied with the requisite formalities, and consequently requested that the application for withdrawal of appeal may please be granted.

The ld. Departmental Representative for the Revenue stated that he has no objection for withdrawal of the appeal by the assessee in the circumstances narrated in the application.

In the light of written request made on behalf of the assessee by assessee’s representative, Shri Shashin Vishnubhai Patel, appeal of the assessee stands dismissed as withdrawn. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any bonafide reasons, then the assessee will be at liberty to seek restoration of original appeal for adjudication before ITAT in accordance with law.

In the result, the appeal of the assessee is dismissed as being withdrawn under VSV scheme.