SHRI PRAKASHKUMAR MANUBHAI DESAI,VAPI vs. THE INCOME TAX OFFICER, VAPI WARD-2, VAPI
What did the Tribunal hold?
The assessee sought to withdraw both appeals as they had filed an application for settlement of dispute under the Direct Tax Vivad Se Viswas Act, 2020. The Revenue had no objection to the withdrawal.
What were the facts?
The assessee filed two appeals before the ITAT for AY 2009-10, one related to quantum assessment and the other to a penalty under Section 271(1)(c). The assessee later filed an application to withdraw both appeals.
What were the issues?
Whether the assessee should be allowed to withdraw their appeals due to opting for a settlement scheme under the Direct Tax Vivad Se Viswas Act, 2020.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
The appeal in 21.09.2020, which relates to quantum assessment of Assessment Year (AY) 2009-10. The assessee filed an application for consolidation of which relates to penalty levied by Assessing Officer (AO) under section 271(1)(c) for same assessment year on certain addition/disallowance. In the said application the assessee made a request to consolidate the ITA No. 352/SRT/2017 with ITA No. 283/AHD/2016. The assessee in both the appeals filed an application for withdrawal of appeals, on the ground that the assessee has already filed an application for settlement of dispute 352/SRT/2017/AY.2009-10 Prakashkumar Manubhai Desai with the Revenue under Direct Tax Vivad Se Viswas Act, 2020 and would like to withdraw both the appeals.
The ld. Authorized Representative (AR) of the assessee made a submission on similar lines and pray for withdrawal of both the appeals. The ld. Departmental Representative (DR) has no objection if the assessee is allowed to withdrawal his appeals. Considering the contents of the application dated 22/08/2020 and the submissions made by ld. AR for the assessee, the assessee is allowed to withdrawal both the appeals. Resultantly, both the appeals are dismissed as withdrawn 3. In the result, both the appeals are dismissed as withdrawn. Order announced in Court at the time of hearing the appeals.
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