ALMIGHTY SHIPPING & LOGISTICS PVT.LTD.,BARODA vs. THE INCOME TAX OFFICER, WARD-1(1)(1), BARODA

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ITA 53/AHD/2016Status: DisposedITAT Ahmedabad06 October 2020AY 2012-135 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 assessees' request to withdraw their appeals. The withdrawal was permitted in accordance with the provisions of the Vivad se Vishwas Scheme, 2020.

What were the facts?

Multiple assessees filed appeals before the ITAT. During the pendency of these appeals, the assessees opted for the Vivad se Vishwas Scheme, 2020. Their applications under the scheme were approved by the Income Tax Department.

What were the issues?

Whether appeals can be withdrawn by assessees who have opted for and been approved under the Vivad se Vishwas Scheme, 2020.

Which sections of the Income-tax Act were involved?

Section 4 of Direct Tax Vivad se Vishwas Scheme, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD “C” BENCH

Before: Shri Mahavir Prasad & Shri Amarjit Singh

For Respondent: Shri L.P. Jain, Sr. D.R

Heard together (42 matters)

ITA 53/Ahd/16
ITA 2452/Ahd/18
ITA 1779/Ahd/17
ITA 1912/Ahd/18
ITA 2504/Ahd/18
ITA2322/Ahd/18
ITA 1866/Ahd/18
ITA 1867/Ahd/18
ITA 2299/Ahd/17
ITA 624/Ahd/19
ITA 2300/Ahd/17
ITA 623/Ahd/19
ITA 2301/Ahd/17
ITA 851/Ahd/19
ITA 1410/Ahd/19
ITA 312/Ahd/19
ITA 630/Ahd/19
ITA 1037/Ahd/19
ITA 1887/Ahd/18
ITA 1888/Ahd/18
ITA 1889/Ahd/18
ITA 1890/Ahd/18
ITA 1891/Ahd/18
ITA 1892/Ahd/18
ITA 1893/Ahd/18
ITA 2872/Ahd/17
ITA 2873/Ahd/17
ITA 2134/Ahd/15
ITA 1713/Ahd/17
ITA 2294/Ahd/18
ITA 1937/Ahd/18
ITA 1938/Ahd/18
ITA 1939/Ahd/18
ITA 1940/Ahd/18
ITA 1941/Ahd/18
ITA 1942/Ahd/18
ITA 1257/Ahd/18
ITA 1467/Ahd/19
ITA 1402/Ahd/17
ITA 2474/Ahd/18
ITA 2480/Ahd/18
ITA 2328/Ahd/17

Read from the judgment's own cause title. This page is filed under one of them.

Date of hearing : 06-10-2020 Date of pronouncement : 06-10-2020 आदेश/ORDER PER BENCH:-

These forty two appeals filed by different assessees arise from order of the CIT(A), Ahmedabad, in proceedings under the Income Tax Act, 1961; in short “the Act”.

2.

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 assessees have also enclosed the copies form no. -3 issued by the Pr. CIT of Income Tax for approving the applications filed by the assessees 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 since their applications under Vivad se Vishwas Scheme, 2020 have been approved by the Income Tax Department and requested that their applications for withdrawal of appeals may please be granted.

41 others Page No 4 Almighty Shipping & Logistic Pvt. Ltd. & 41 others

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 assessees.

4.

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 section 4 of Direct Tax Vivad se Vishwas Scheme, 2020 for the purpose of withdrawal of appeals. 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 are 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 Application to recall this order to restore the original appeal within the time limit provided in the act.

5.

In the result, all the forty two appeals filed by different assessees are dismissed as withdrawn. Order pronounced in the open court on 06-10-2020 Sd/- Sd/- (MAHAVIR PRASAD) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad : Dated 06/10/2020 आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file.

41 others Page No 5 Almighty Shipping & Logistic Pvt. Ltd. & 41 others

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