SHRI JIGNESH NATVERBHAI PATEL,SURAT vs. THE INCOME TAX OFFICER, WARD -2(3)(2), SURAT

These two appeals by assessee are directed against the separate orders of ld.Commissioner of Income Tax (Appeals)-I, Surat, dated 05.04.2013 in the Quantum Assessment and order dated 04.12.2015 in the matter of Penalty levied under section 271(1)(c) of the Act, both for the assessment year (AY) 2009-10.

At the outset itself, Shri Akshaya Modi, Learned Counsel for the assessee, submitted before the Bench that Assessee has opted the benefit of the “Direct Tax Vivad Se Vishwas Act, 2020”. A copy of FORM-3 under ‘the Direct Tax Vivad Se Vishwas Act, filed by the assessee in the Income Tax Department on 16.12.2020 issued by Principal Commissioner of Income Tax, Surat-1, was also placed before the Bench. Shri Akshaya Modi, CA, on behalf of the Assessee, by way of a letter dated 24.12.2020, submitted that assessee prayed for withdrawal of both the appeals to which, the learned Departmental Representative did not raise any objection.

We have heard both the parties and gone through FORM-3 filed by the assessee to obtain the benefit of ‘Vivad Se Vishwas Scheme’ and noted that assessee has prayed for withdrawal of both the appeals. The Ld. DR for the Revenue did not have any objection if the said appeals are withdrawn by the assessee company. Consequently, we treat both these appeals as withdrawn.

In the result, both appeals of the assessee (in & AY.2009-10) are dismissed as withdrawn.