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Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD
Before: SHRI RAJPAL YADAV
आदेश/O R D E R
The assessee is in appeal before the Tribunal against the order of the learned Commissioner of Income-Tax (Appeals)-5, Ahmedabad dated 23rd October 2019 passed for Assessment Year 2011-12.
At the time of hearing before me, none appeared on behalf the 2. assessee. However, vide application dated 14th December 2021, the legal heir of the assessee submitted that the assessee has opted to avail the benefits of “Vivad Se Vishwas Scheme 2020” and also submitted that the assessee has received Form No.5 issued by the Principal Commissioner of Income Tax-3, Ahmedabad in this regard, which is placed on record, alongwith application dated 14.12.2021 for withdrawal of appeal.
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.
Lt. Smt. Kanchanben Manubhai Soni Vs. ITO AY : 2011-12 2
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 In the light of aforesaid request made by the assessee, the appeal of the assessee is dismissed as withdrawn.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In the result, the appeal of the assessee is dismissed as withdrawn.
Order pronounced in the Court on 7th January 2022 at Ahmedabad.