SHRI YOGESH ROSHANLAL GUPTA,AHMEDABAD vs. THE INCOME TAX OFFICER,WARD-2(1)(4), AHMEDABAD

We have heard the Learned Representatives of both the parties through video conferencing. 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 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.

The learned Departmental Representative submitted that he has no objection to the withdrawal of appeal in the circumstances narrated on behalf of the assessee. Yogesh Roshanlal Gupta Vs. ITO AY : 2015-16 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fact that the assessee has already opted to avail scheme “Vivad se Vishwas”, the appeal of the assessee is dismissed as withdrawn.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In the result, the appeal of the assessee is dismissed as withdrawn.