What did the Tribunal hold?

The tribunal allowed the assessee's request to withdraw the appeal, as their dispute settlement was approved under the Vivad se Vishwas Scheme, 2020. The appeal was dismissed as withdrawn.

The assessee filed an appeal against an order of the CIT(A). Subsequently, the assessee opted to avail benefits under the Vivad se Vishwas Scheme, 2020, and their application was approved.

What were the issues?

Whether the appeal can be withdrawn by the assessee due to opting for the Vivad se Vishwas Scheme, 2020.

The Banaskantha Dist. Centrel Co… vs DCIT | ITAT Ahmedabad 2022

Income Tax Appellate Tribunal, AHMEDABAD “B” BENCH

Before: Shri TR Senthil Kumar

For Appellant: Ms. Arti Shah, A.R

For Respondent: Shri Mudit Nagpal, CIT/DR

Assessee by: Ms. Arti Shah, A.R. Revenue by: Shri Mudit Nagpal, CIT/DR Date of hearing : 11-02-2022 Date of pronouncement : 14 -02-2022 आदेश/ORDER PER : TR SENTHIL KUMAR, JUDICIAL MEMBER:-

The present appeal has been filed by the Assessee against the order passed by the Commissioner of Income Tax (Appeals)-4, Ahmedabad, (in short referred to as CIT(A)), dated 20-03-2020, u/s. 250(6) of the Income Tax Act, 1961(hereinafter referred to as the “Act”) pertaining to Assessment Year (A.Y) 2013-14.

The assesses filed written submissions to withdraw the appeal on the ground that they have opted to avail benefits of Vivad se Vishwas Scheme, 2020 and in their submissions the assessee have also enclosed the copies form no.-3 issued by the Pr.

Page No 2 The Banaskantha Dist Central Co.op. Bank vs. DCIT CIT of Income Tax, Ahmedabad-3, dated 09/06/2021 approving the application filed by the assessee under the Vivad se Vishwas Scheme, 2020.

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

We have considered the submissions and applications of the assessee for withdrawal of the appeal as their applications have been approved under Vivad se Vishwas Scheme, 2020. A reference has been made in sub-section (2) & (3) of section 4 of Direct Tax Vivad se Vishwas Scheme, 2020 for the purpose of withdrawal of appeal. In the light of the provision made in the scheme and after considering the material on record, the aforesaid requests for withdrawal of appeal of the assessee to avail the VSV Scheme, 2020 in accordance with law are allowed. However, in case, the settlement of the dispute remains un-resolved for any reason under the said scheme, the assessee will be at liberty to file a Miscellaneous Application to recall this order and restore the original appeal, within the time limit provided in law.

In the result, appeal filed by assessee is dismissed as withdrawn.

Order pronounced in the open court on 14 -02-2022 Sd/- Sd/- (ANNAPURNA GUPTA) (T R SENTHIL KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad : Dated 14 /02/2022 आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A)

THE BANASKANTHA DIST. CENTREL CO. OP. BANK LTD.,BANASKANTHA vs. THE DCIT, B.K CIRCLE, PALANPUR

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

Recent GST High Court judgments