What did the Tribunal hold?

The Tribunal allowed the assessee's request to withdraw the appeal. The appeal was dismissed as withdrawn, with liberty to seek restoration if the VSV scheme benefits could not be availed for bonafide reasons.

The assessee sought to withdraw the appeal before the ITAT. The reason for withdrawal was the assessee's decision to avail the benefits of the 'Vivad se Vishwas Scheme, 2020'.

What were the issues?

The primary issue was whether the appeal should be withdrawn due to the assessee opting for the Vivad se Vishwas Scheme.

Shri Brajesh Biyani, 29-30, Rx… vs CIT | ITAT Indore 2022

Income Tax Appellate Tribunal, INDORE BENCH, INDORE

Before: SHRI MAHAVIR PRASAD, JUDICIAL MEMEBR & SHRI BHAGIRATH MAL BIYANI

For Appellant: Shri P. K. Mitra, CIT-D.R

The appeal has been preferred by the assessee against the order of the Pr. Commissioner of Income Tax-I, Indore (‘Pr.CIT’ in short) vide Appeal No. Pr.CIT-I/Ind/Tech/263/18-19 dated 25.03.2019 arising in assessment order dated 22.08.2016 passed by the Assessing Officer (AO) under s. 143(3) of the Income Tax Act, 1961 (the Act) concerning A.Y. 2014-15.

[Shri Brajesh Biyani Vs. CIT] A.Y. 2014-15 - 2 - 2. The captioned assessee has sought to withdraw the appeal listed above on the ground that assessee has opted to avail benefits of ‘Vivad se Vishwas Scheme, 2020’ (VSV). As per letter dated 19.07.2022 filed by assessee, it is submitted that assessee does not seek to pursue the said appeal owing to exercise of option for availing VSV Scheme and consequently requested that assessee’s application for withdrawal of appeal may please be granted.

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

In the light of written/oral request made on behalf of the captioned assessee, the appeal is dismissed as withdrawn.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 original appeal for hearing before ITAT in accordance with law.

In the result, the captioned appeal is dismissed as withdrawn.

This Order pronounced in Open Court on 21 /07/2022

SHRI BRAJESH BIYANI,29-30, RX,SECTOR -C,SCHEME NO 71B INDORE vs. CIT-1, INDORE

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