PATEL AMBALAL LAXMANDAS NI CO.,AHMEDABAD vs. THE ACIT, CENTRAL CIRCLE-2(3), AHMEDABAD

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ITA 1017/AHD/2019Status: DisposedITAT Ahmedabad16 February 2022AY 2010-113 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 assessee's request to withdraw the appeals. The appeals were dismissed as withdrawn, with liberty to seek restoration if the VSV Scheme benefits could not be availed for bonafide reasons.

What were the facts?

The assessee filed three appeals against penalty orders for assessment years 2009-10, 2010-11, and 2011-12. The assessee sought to withdraw these appeals as they had opted to avail benefits under the 'Vivad se Vishwas Scheme, 2020'.

What were the issues?

Whether the assessee can withdraw appeals filed against penalty orders due to opting for the Vivad se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 271B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, AHMEDABAD

Before: SHRI MAHAVIR PRASAD, JUDICIAL MEMEBR & SHRI AMARJIT SINGH, ACCOUNTANT MEMEBR

For Appellant: Shri Suresh Gandhi, A.R, Shri V. K. Singh, Sr.D.R

The captioned three appeals have been filed at the instance of the assessee against the common order of the Commissioner of Income Tax (Appeals)-12, Ahmedabad , 1017 & 1019/Ahd/2019 (Patel Ambalal Laxmandas Ni Co. vs. ACIT ) AYs. 2009-10, 2010-11 & 2011-12 - 2 - (‘CIT(A)’ in short) vide Appeal No. CIT(A)-12/53/CC- 2(2)/2017-18, CIT(A)-12/64,65,66/CC-2(3)/2018-19 dated 27.05.2019 arising in the penalty orders dated 20.06.2017 (in A.Y.2009-10), 22.06.2018 (in A.Ys. 2010-11 & 2011-12) passed by the Assessing Officer (AO) under s. 271-B of the Income Tax Act, 1961 (the Act) concerning AYs. 2009-10, 2010-11 & 2011-12.

2.

The captioned assessee has sought to withdraw the all appeals listed above on the ground that assessee has opted to avail benefits of ‘Vivad se Vishwas Scheme, 2020’ (VSV). When the matters were called for hearing, the learned counsel for the assessee at the outset has submitted that he does not seek to pursue the said appeals owing to exercise of option for availing VSV Scheme and consequently requested that his applications for withdrawal of appeals may please be granted. Reference was also made to written requests in this regard.

3.

The learned Departmental Representative for the Revenue stated that he has no objection to withdraw the appeals in the circumstances narrated on behalf of the assessee.

4.

In the light of written/oral request made on behalf of the captioned assessee, all the appeals are 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 1017 & 1019/Ahd/2019 (Patel Ambalal Laxmandas Ni Co. vs. ACIT ) AYs. 2009-10, 2010-11 & 2011-12 - 3 - original appeals for hearing before ITAT in accordance with law.

5.

In the result, all three captioned appeals are dismissed as withdrawn.

This Order pronounced in Open Court on 16/02/2022

Sd/- Sd/- (AMARJIT SINGH) (MAHAVIR PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad: Dated 16/02/2022 True Copy S.K.SINHA आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. राज�व / Revenue 2. आवेदक / Assessee 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त- अपील / CIT (A) 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड� फाइल / Guard file. By order/आदेश से,

उप/सहायक पंजीकार आयकर अपील�य अ�धकरण, अहमदाबाद ।

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