ITO, WARD 2(1)(1), AHMEDABAD vs. KESAR BUILDCON PVT LTD., AHMEDABAD

The captioned appeal has been filed at the instance of the Revenue against the order of the Learned Commissioner of Income Tax (Appeals)-2, Ahmedabad, dated 17/05/2017 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 2014-2015.

When the matter was called for hearing, it was noticed that Ld. A.R for the Assessee has filed a letter dated 11.02.2022 stating that he wants to resolve the issue with the department by availing benefit under Vivad Se Vishwas Scheme, and therefore the appeal of the Revenue is required to be withdrawn in terms of the scheme. The assessee has filed copy of form no. 3 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 DR had no objection if the appeal of the Revenue is treated to be withdrawn in terms of the scheme opted by the assessee.

In the light of the above submission made by the assessee, we find no reason to keep the appeal pending of the Revenue before the Tribunal. Accordingly the appeal of the Revenue stands dismissed. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any bonafide reason, then the Revenue will be at liberty to seek restoration of original appeal for adjudication before the ITAT in accordance with law.

In the result, the appeal of the Revenue is dismissed under VSV Scheme.