BHARATBHAI KALYANBHAI PATEL,MEHSANA vs. THE INCOME TAX OFFICER, WARD-5, MEHSANA
What did the Tribunal hold?
The Tribunal considered the assessee's request for withdrawal and the submitted Form No. 5, which indicated final settlement of tax arrears under the Vivad Se Vishwas Act, 2020. The appeal was dismissed as withdrawn.
What were the facts?
The assessee filed an appeal before the ITAT for AY 2005-06. During the hearing, the assessee requested to withdraw the appeal as they had availed benefits under the 'Vivad Se Vishwas Scheme 2020'.
What were the issues?
The primary issue was whether the assessee's appeal could be withdrawn due to availing benefits under the Vivad Se Vishwas Scheme.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, “A” BENCH, AHMEDABAD
Before: SHRI P.M. JAGTAP, VICE-
O R D E R
PER P.M. JAGTAP, VICE-PRESIDENT :
The assessee is in appeal before the Tribunal against the order of the learned Commissioner of Income-tax (Appeals), Gandhinagar dated 29.01.2020 passed for Assessment Year 2005-06.
At the time of hearing fixed in this case today, i.e. on 06.09.2022, none appeared on behalf the assessee. However, vide an application dated 14.04.2022, the assessee has requested for withdrawal of his appeal on the ground that he had already availed benefits of “Vivad Se Vishwas Scheme 2020”. The assessee has also submitted that he has already received Form No.5, being the order for full and final settlement of tax arrears under the said Scheme, issued by the Principal Commissioner of Income Tax, Ahmedabad-3 in this regard, which is placed on record. In view of the above, the learned Departmental Representative submitted that he has no objection to the withdrawal of the appeal.
Bharatbhai Kalyanbhai Patel Vs. ITO AY : 2005-06 2
We have considered the submission of the assessee for withdrawal of the appeal under the Scheme “Direct Tax Vivad se Vishwas 2020”. In the light of aforesaid request made by the assessee as also considering the Form No.5 submitted by the assessee towards the final settlement of tax arrears under Section 5(2) read with Section 6 of the Direct Tax Vivad Se Vishwas Act, 2020 (Form-5) issued by the PCIT, Ahmedabad-3, the appeal of the assessee is dismissed as withdrawn.
In the result, the appeal of the assessee is dismissed as withdrawn.
Order pronounced in the Court on 6th September, 2022 at Ahmedabad.
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