What did the Tribunal hold?

The Tribunal allowed the assessee's request to withdraw the appeal. It was noted that if the assessee fails to avail the VSV scheme for bonafide reasons, they can seek restoration of the appeal.

The assessee filed an appeal before the ITAT against an order of the CIT(A) for AY 2013-14. The assessee subsequently opted to avail benefits under the 'Vivad se Vishwas Scheme, 2020'.

What were the issues?

The primary issue was whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas Scheme.

M/S Medicaps Ltd. vs DCIT | ITAT Indore 2022

Income Tax Appellate Tribunal, INDORE BENCH, INDORE

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

For Appellant: Shri Harshit Bari, D.R

ORDER PER MAHAVIR PRASAD, JM:

The appeal has been preferred by the assessee against the order of the Commissioner of Income Tax (Appeals)-I, Indore (‘CIT(A)’ in short) vide Appeal No. IT-1178/2015-16 dated 24.11.2016 arising in assessment order dated 29.02.2016 passed by the Assessing Officer (AO) under s. 143(3) of the Income Tax Act, 1961 (the Act) concerning AY. 2013-14.

[M/s. Medicap Ltd. Vs. DCIT] A.Y. 2013-14 - 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). When the matter was called for hearing, the learned counsel for the assessee at the outset has submitted that he does not seek to pursue the said appeal owing to exercise of option for availing VSV Scheme and consequently requested that his application for withdrawal of appeal may please be granted. Reference was also made to written requests in this regard.

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In the light of written/oral request made on behalf of the captioned assessee, the captioned appeal is dismissed as withdrawn.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In the result, the captioned appeal is dismissed as withdrawn.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 /06/2022

M/S MEDICAPS LTD.,INDORE vs. THE DCIT 1(1), INDORE

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