VINOD FABRICS PVT LTD.,AHMEDABAD vs. THE DY.COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(2), AHMEDABAD

ITA 2213/AHD/2017Status: DisposedITAT Ahmedabad12 November 2020AY 2013-143 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The Income Tax Appellate Tribunal (ITAT) dismissed the appeal as withdrawn based on the assessee's request. 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 sought to withdraw their appeal before the ITAT. This withdrawal was requested because the assessee had opted to avail the benefits of the 'Vivad se Vishwas Scheme, 2020'. The Revenue had no objection to the withdrawal.

What were the issues?

Whether an appeal can be withdrawn by the assessee to avail the benefits of the Vivad se Vishwas Scheme. The primary issue was the assessee's request for withdrawal due to opting for a tax dispute resolution scheme.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, AHMEDABAD

Before: SHRI RAJPAL YADAV & SHRI PRADIP KUMAR KEDIA

For Appellant: Shri Lalit Jain, Sr.DR

The captioned appeal has been filed at the instance of the assessee against the order of the Commissioner of Income Tax (Appeals)-8, Ahmedabad (‘CIT(A)’ in short), dated 22.08.2017 arising in the assessment order dated 29.02.2016 passed by the Assessing Officer (AO)

[Vinod Fabrics Pvt. Ltd. vs. DCIT] A.Y. 2013-14 - 2 - under s. 143(3) of the Income Tax Act, 1961 (the Act) concerning AY 2013-14.

The captioned assessee has sought to withdraw the appeal listed above on the ground that assessee has opted to avail benefits of ‘Vivad se Vishwas Scheme, 2020’ (VSV). As per letter dated 06.11.2020 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.

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.

In the light of written requests made on behalf of the captioned party, the appeal is dismissed as withdrawn.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.

This Order pronounced on 12/11/2020

Sd/- Sd/- (RAJPAL YADAV) (PRADIP KUMAR KEDIA) ACCOUNTANT MEMBER VICE PRESIDENT Ahmedabad: Dated 12/11/2020 True Copy S. K. SINHA 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 [Vinod Fabrics Pvt. Ltd. vs. DCIT] A.Y. 2013-14 - 3 -

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