JYOTSHNABEN CHANDRAKANT BAROT,JAMNAGAR vs. THE INCOME TAX OFFICER, WARD-3(1), PORBANDAR
What did the Tribunal hold?
The Tribunal allowed the assessee's request to withdraw the appeal. The appeal was dismissed as withdrawn, with liberty to seek restoration if the VSV scheme benefits could not be availed for bonafide reasons.
What were the facts?
The assessee filed an appeal against an assessment order. The assessee subsequently sought to withdraw the appeal because they opted to avail benefits under the 'Vivad se Vishwas Scheme, 2020'.
What were the issues?
Whether the assessee can withdraw an appeal to avail benefits under the Vivad se Vishwas Scheme.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT
Before: SHRI PRADIP KUMAR KEDIA
आदेश/O R D E R
PER BENCH:
The instant appeal filed by the assessee is directed against the order dated 26.09.2018 passed by the Commissioner of Income Tax (Appeals), Jamnagar arising out of the assessment order dated 22.12.2017 passed by the ITO, Ward-3(1), Jamnagar under Section 143(3) of the Income Tax Act, 1961 (hereinafter referred as to ‘the Act’) for Assessment Year 2015-16.
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 21.11.2020 filed by assessee, it is submitted that assessee does not seek to pursue the said appeal owing to exercise of option for A.Y. 2015-16 - 2 - 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In the light of written requests made on behalf of the captioned party, the appeal is dismissed as withdrawn.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In the result, the captioned appeal is dismissed as withdrawn.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 in Open Court on 09/12/2020
Sd/- Sd/- (PRADIP KUMAR KEDIA) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad: Dated 09/12/2020 TRUE COPY TANMAY 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 6. गाड� फाइल / Guard file. By order/आदेश से,
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