SHRI PIYUSH VINAYCHAND SHAH,,BHAVNAGAR vs. THE DCIT, CIRCLE-2,, BHAVNAGAR

The assessee is in appeal before the Tribunal against the order of the learned Commissioner of Income-Tax (Appeals)-6, Ahmedabad dated 15th December, 2017 passed for Assessment Year 2012-13.

We have heard the Learned Representatives of both the parties. Learned Counsel for the Assessee, at the outset, submitted that assessee has opted to avail the benefits of “Vivad Se Vishwas Scheme, 2020” and has also received Certificate in Form No.3 from Designated Authority under Section 5(1) of the Direct Tax Vivad Se Vishwas Act, 2020. Copy of the Form No.3 is placed on record before the Tribunal in this regard. Learned Counsel for the assessee thus urged that the appeal filed by the assessee may kindly be permitted to be withdrawn.

The learned Departmental Representative submitted that he has no objection to the withdrawal of appeal in the circumstances narrated on behalf of the assessee. Shri Piyush Vinaychand Shah Vs. DCIT AY : 2012-13 2

In view of the submissions made by the assessee before the Bench as also considering the fact that the assessee has already opted to avail scheme “Vivad se Vishwas”, the appeal of the assessee is dismissed as withdrawn. However, in the event, the assessee fails to avail the benefit of Vivad se Vishwas Scheme for any bonafide reasons, 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In the result, the appeal of the assessee is dismissed as withdrawn.