SHALINI MANOJ BHATIA,AHMEDABAD vs. ITO, WARD-3(3)(5), AHMEDABAD

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ITA 56/AHD/2019Status: DisposedITAT Ahmedabad31 March 2022AY 2015-162 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 that the assessees wished to withdraw their appeals to avail the Vivad Se Vishwas Scheme benefits. The Revenue had no objection to this withdrawal.

What were the facts?

The assessee filed appeals against the assessment orders for the Assessment Year 2015-2016. Both assessees intended to resolve the issues by availing the benefit under the Vivad Se Vishwas Scheme.

What were the issues?

The primary issue was the withdrawal of appeals by the assessees to opt 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, ‘’ SMC’’ BENCH, AHMEDABAD

Before: SHRI WASEEM AHMED,

For Respondent: Shri S.S. Shukla, Sr. D.R
Hearing: 03/03/2022Pronounced: 31/03/2022

Heard together (2 matters)

ITA No. 56/AHD/2019
ITA No. 57/AHD/2019

Read from the judgment's own cause title. This page is filed under one of them.

आदेश/O R D E R PER BENCH:

1.

The captioned two appeals have been filed at the instance of the different Assessee against the separate orders of the Learned Commissioner of Income Tax (Appeals)-3, Ahmedabad, of even dated 30/11/2018 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.

When the matter was called for hearing, it was noticed that both the assessee want to resolve the issue with the department by availing benefit under Vivad Se Vishwas Scheme, and therefore the appeals of both the Assessee are required to be withdrawn in terms of the scheme. The assessee has also filed copy of form number 1, 3 & 4 being the certificate issue under section 5(1) 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 DR had no objection if the appeal of the Assessee is treated to be withdrawn in terms of the scheme opted by the assessee.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 appeals of the Assessee stand dismissed. 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 adjudication before the ITAT in accordance with law.

4.

In the result, both the appeals of the Assessee are dismissed under VSV Scheme.

Order pronounced in the Court on 31/03/2022 at Ahmedabad.

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