VASTUPAL JAYNTILAL SHAH,AHMEDABAD vs. ITO, WARD-1(3)(3), AHMEDABAD

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ITA 471/AHD/2019Status: DisposedITAT Ahmedabad31 October 2022AY 2010-112 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 noted the assessee's intention to resolve the issue under the Vivad Se Vishwas Scheme. The appeal was dismissed as the assessee opted for the scheme.

What were the facts?

The assessee wished to resolve the tax dispute by availing the benefit under the Vivad Se Vishwas Scheme. The assessee filed a certificate confirming eligibility for the scheme.

What were the issues?

Whether the assessee's appeal should be dismissed due to opting for 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, ‘’ A’’ BENCH, AHMEDABAD

Before: SHRI WASEEM AHMED, & SHRI T.R SENTHIL KUMAR

For Respondent: Shri Vijay Kumar Jaiswal, CIT. D.R
Hearing: 16/08/2022Pronounced: 31/10/2022

आदेश/O R D E R PER WASEEM AHMED ACCOUNTANT MEMBER:

1.

The captioned appeal has been filed at the instance of the Assessee against the order of the Learned Principal Commissioner of Income Tax, Ahmedabad, dated 21/01/2019 arising in the matter of assessment order passed under s. 143(3) of the Income Tax Act, 1961 (here-in-after referred to as "the Act") relevant to the Assessment Year 2015-2016.

2.

The assessee has filed a letter dated 30/06/2022 stating that he wants to resolve the issue with the department by availing benefit under Vivad Se Vishwas Scheme. Therefore, the appeal of the Assessee is required to be withdrawn in terms of scheme. The assessee has filed copy of form number 5 being the certificate issued under section 5(2) of the Direct Tax Vivad Se Vishwas Act, 2020. The Ld. DR had no objection if the appeal of the Assessee is treated to be withdrawn in terms of the scheme opted by the assessee.

3.

In the light of the above submission made by the assessee, we find no reason to keep the appeal pending of the Assessee before the Tribunal. Accordingly the appeal of the Assessee stands dismissed. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any bona-fide reason, then the assessee will be at liberty to seek restoration of original appeal for adjudication before the ITAT in accordance with the law.

4.

In the result, the appeal of the Assessee is dismissed under VSV Scheme.

Order pronounced in the Court on 31/10/2022 at Ahmedabad.

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