KIRAN DEVI JHAWAR,FARIDABAD vs. ITO, WARD-1, FARIDABAD

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ITA 1192/DEL/2018Status: DisposedITAT Delhi23 December 2021AY 2014-153 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 assessee's request to withdraw the appeal. The assessee was granted liberty to seek restoration if they failed to avail the Vivad se Vishwas Scheme for bonafide reasons.

What were the facts?

The assessee filed an appeal before the ITAT against an assessment order. The assessee subsequently sought to withdraw the appeal because they opted to avail the benefits of the 'Vivad se Vishwas Scheme, 2020'.

What were the issues?

Whether the assessee can withdraw an appeal before the ITAT to avail the benefits of the Vivad se Vishwas 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, DELHI BENCH “C” NEW DELHI

Before: SHRI CHALLA NAGENDRA PRASAD & SHRI PRADIP KUMAR KEDIA

For Appellant: Shri A. K. Singhal, CA, Shri Kumar Padmapani Bora

The captioned appeal has been filed at the instance of the assessee against the order of the Commissioner of Income Tax (Appeals), Faridabad (‘CIT(A)’ in short), dated 05.02.2017 arising in the assessment order dated 29.12.2016 passed by the Assessing Officer (AO) under s. 143 (3) of the Income Tax Act, 1961 (the Act) concerning AY 2014-15.

2.

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 23.12.2021 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.

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 assessee.

4.

In the light of written requests made on behalf of the captioned Assessee, the appeal is dismissed as withdrawn.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

5.

In the result, the captioned appeal is dismissed as withdrawn.

This Order pronounced on 23/12/2021

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