PHOENIX PLASTOTRADE PRIVATE LIMITED,AHMEDABAD vs. ITO, WARD 3(1)(1) (ERSTWHILE ITO, WARD-3(1)(2)), AHMEDABAD
What did the Tribunal hold?
The Tribunal noted the assessee's request for withdrawal due to opting for the Vivad Se Vishwas Scheme. The Revenue had no objection, and accordingly, the appeal was dismissed as withdrawn.
What were the facts?
The assessee filed an appeal against the appellate order dated 27.03.2024 for Assessment Year 2017-18. The assessee had opted for the Vivad Se Vishwas Scheme and requested withdrawal of the appeal.
What were the issues?
Whether the appeal can be dismissed as withdrawn upon the assessee opting for the Vivad Se Vishwas Scheme.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, AHMEDABAD “SMC” BENCH
Before: DR. B.R.R. KUMAR & SHRI SIDDHARTHA NAUTIYAL
आदेश/ORDER PER : DR. BRR KUMAR, VICEPRESIDENT:
This appeal is filed by the Assessee as against the appellate order dated 27.03.2024 passed by the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre, Delhi, relating to the Assessment Year 2017-18.
At the outset, the assessee vide letter dated 18.02.2025 submitted that he has opted for Vivad Se Vishwas Scheme and consequently requested that his application for withdrawal of appeal may please be granted. The assessee has filed Form No.1 under the Direct Tax Vivad Se Vishwas Scheme, 2024.
The ld. Departmental Representative, appearing for the Revenue, stated that he has no objection to withdraw the appeal in the circumstances narrated on behalf of the assessee.
In the light of written request made on behalf of the assessee, the appeal is dismissed as withdrawn. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any bonafide reason, then the assessee will be at liberty to seek restoration of original appeal for hearing before ITAT in accordance with law.
In the result, the appeal filed by the Assessee is hereby dismissed as withdrawn.
Order pronounced in the open court on 26.02.2025
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