M/S. GOLDCOIN PLASTIC PVT. LTD,AHMEDABAD vs. ITO, WARD-2(1)(1), AHMEDABAD

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ITA 235/AHD/2020Status: DisposedITAT Ahmedabad07 September 2022AY 2012-133 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. The assessee can seek restoration if they fail to avail the VSV scheme for bonafide reasons.

What were the facts?

The assessee filed an appeal against a penalty order for AY 2012-13. The assessee sought to withdraw the appeal as they had opted for the 'Vivad se Vishwas Scheme, 2020'.

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Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas Scheme.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?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, AHMEDABAD

Before: SHRI PRAMOD M. JAGTAP&

O R D E R

PER Ms. MADHUMITA ROY - JM:

1.

The instant appeal filed by the assessee is directed against the order dated 22.01.2020 passed by the learned Commissioner of Income Tax (Appeals) – 2, Ahmedabad arising out of the penalty order dated 22.03.2018 passed by the Assessing Officer, Circle 3(1)(1), Ahmedabad under section 271(1)(c) of the Income Tax Act, 1961 (hereinafter referred as to ‘the Act’) for Assessment Year 2012-13.

(M/s. Goldcoin Plastic Pvt. Ltd. vs. ITO) Asst.Year.– 2012-13 - 2 - 2. The captioned assessee has sought to withdraw the appeal listed above on the ground that assessee has opted to avail benefits of ‘Vivad se Vishwas Scheme, 2020’ (VSV). When the matter was called for hearing, the learned counsel for the assessee at the outset has submitted that he does not seek to pursue the said appeal owing to exercise of option for availing VSV Scheme and consequently requested that his application for withdrawal of appeal may please be granted. Reference was also made to written request in this regard.

3.

The learned 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In the light of written/oral request made on behalf of the captioned assessee, the appeal is dismissed as withdrawn.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 captioned appeal is dismissed as withdrawn.

This Order pronounced in Open Court on 07/09/2020

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