MAGANBHAI RAMCHANDRA SHAH PROP. OF M/S. DEEPAK TRADING CO.,VADODARA vs. THE INCOME TAX OFFICER, WARD-1(2)(4), NOW WARD-1(2)(1), VADODARA

PDF · subscribers
ITA 774/AHD/2024Status: DisposedITAT Ahmedabad16 April 2025AY 2014-15Bench: DR. BRR KUMAR (Vice President), MS SUCHITRA KAMBLE (Judicial Member)1 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 withdrawal of the appeal as requested by the assessee, noting that the assessee has opted for the Vivad Se Vishwas Scheme. The assessee was granted liberty to seek restoration if the VSV Scheme benefits were not availed.

What were the facts?

The assessee filed an appeal against an appellate order. The assessee opted for the Vivad Se Vishwas Scheme and requested withdrawal of the appeal.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.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, “D” BENCH, AHMEDABAD

Before: DR. BRR KUMAR & MS SUCHITRA KAMBLE

For Appellant: Shri Manish J Shah, AR
For Respondent: Shri Santosh Kumar, Sr.DR
Hearing: 15.04.2025Pronounced: 16.04.2025

IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, AHMEDABAD BEFORE DR. BRR KUMAR, VICE PRESIDENT & MS SUCHITRA KAMBLE, JUDICIAL MEMBER (Assessment Year: 2014-15) Maganbhai Ramcharan Shah, Vs. The Income Tax Officer, Prop. of M/s.Deepak Trading Co, Ward-1(2)(4), 9, Santkrupa Apartment, Now Ward 1(2)(1), Opp. Ashwamegh-1, Vadodara. Mr. Maruti Garage, Akota, Vadodara-390020. [PAN No.ABLPA2017P] (Appellant) .. (Respondent) Appellant by : Shri Manish J Shah, AR Respondent by: Shri Santosh Kumar, Sr.DR Date of Hearing 15.04.2025 Date of Pronouncement 16.04.2025 O R D E R PER: DR. BRR KUMAR, VICE PRESIDENT:

This appeal is filed by the Assessee as against the appellate order dated 23.02.2024 passed by the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre, Delhi, relating to the Assessment Year 2014-15.

2.

At the outset, the Ld.Counsel for the assessee vide letter dated 24.03.2025 submitted that he has opted for Vivad Se Vishwas Scheme and consequently requested that his Asst.Year 2014-15 - 2– application for withdrawal of appeal may please be granted. The assessee has filed Form No.2 under the Direct Tax Vivad Se Vishwas Scheme, 2024.

3.

The ld. Departmental Representative for the Revenue stated that he has no objection to withdraw the appeal in the circumstances narrated on behalf of the assessee.

4.

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

Recent GST High Court judgments

Search GST case law →