NIKYBEN ASHOKKUMAR PATEL,VISNAGAR vs. THE ITO, PATAN WARD-5, MEHSANA

The assessee is in appeal before the Tribunal against the order of the learned Commissioner of Income-Tax (Appeals)-13, Ahmedabad dated 29th April 2019 passed for Assessment Year 2010-11.

I 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, 4 and counter foil of the challan for the payment made by him under the said Scheme are placed on record before the Tribunal in this regard. An application dated 04.12.2021 requesting for withdrawal of appeal under the said scheme is also placed on record.

The learned Departmental Representative, on the other hand, submitted that he has no objection to the withdrawal of appeal in the circumstances narrated on behalf of the assessee.

I have considered the submission and application of the assessee for withdrawal of the appeal under the scheme “Vivad se Vishwas”. In the light of aforesaid request made by the assessee, the appeal of the assessee is dismissed as withdrawn.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In the result, the appeal of the assessee is dismissed as withdrawn.