L.R.SHRI HIMANSHU K. VITHALANI OF LATE SHRI KISHORECHANDRA V. VITHLANI,,VADODARA vs. THE INCOME TAX OFFICER, WARD-6(3),, BARODA

The present appeal is at the instance of the assessee against order of ld.CIT(A)-4, Vadodara dated 2.4.2019 passed for the Asstt.Year 2011-12.

When the matter was called for hearing, it has brought to our notice a letter dated 22.12.2021 filed by the ld.counsel for the assessee, stating that the assessee has opted for Vivad Se Vishwas Scheme and has filed declaration in form no.1 & 2, and the designated authority has issued form no.3 dated 15.2.2021. The same are taken on record. In view of this, the assessee seeks withdrawal of the above appeal pending before the Tribunal so as to avail benefit under scheme. The ld.DR has no objection if the appeal of the assessee is treated to be withdrawn in terms of scheme opted by the assessee.

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

In the result, the appeal of the assessee stands dismissed under VSV scheme.