Facts
The assessee opted for the Vivad Se Vishwas Scheme and requested withdrawal of pending appeals. The Departmental Representative had no objection to the withdrawal. The appeals were dismissed as withdrawn.
Held
The Tribunal dismissed the appeals as withdrawn based on the assessee's written request to avail the Vivad Se Vishwas Scheme. The assessee is permitted to seek restoration if they fail to benefit from the scheme for bonafide reasons.
Key Issues
Whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, AHMEDABAD “D” BENCH
Before: DR. BRR KUMAR & SHRI T.R SENTHIL KUMAR
These appeals are filed by the Assessee as against the separate appellate orders dated 05.06.2015, 01.04.2015 & 20.02.2017 passed by the Commissioner of Income Tax (Appeals), Ahmedabad, relating to the Assessment Years (2009-10 to 2012-13).
A.Y. 2009-10 with 3 others 2 Page No
At the outset, the assessee vide letter dated 25.12.2024 submitted that it has opted for Vivad Se Vishwas Scheme and consequently requested that his application for withdrawal of appeals may please be granted. The assessee has filed Form No.1 under the Direct Tax Vivad Se Vishwas Scheme, 2024.
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In the light of written requests made on behalf of the captioned parties, the appeals are dismissed as withdrawn.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 appeals for hearing before ITAT in accordance with law.
In the result, the appeals filed by the Assessee are hereby dismissed as withdrawn.