SHRI MANSHUKHLAL MAGANLAL PATEL(HUF),RAJKOT vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1), RAJKOT

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ITA 384/RJT/2018Status: HeardITAT Rajkot01 July 2022AY 2011-123 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal found no reason to keep the appeal pending as the assessee opted for the VSV Scheme. The appeal was dismissed, with liberty to seek restoration if the VSV Scheme benefit could not be availed for bonafide reasons.

What were the facts?

The assessee filed an appeal before the ITAT for Assessment Year 2011-12. The assessee subsequently requested to withdraw the appeal to avail the Vivad Se Vishwas (VSV) Scheme.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to opting for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT

Before: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

For Respondent: Shri B.D. Gupta, Sr. D.R

आदेश/ORDER PER BENCH:- This assessee’s appeal for A.Y. 2011-12, arises from order of the CIT(A)-11, Ahmedabad dated 02-07-2018, in proceedings under section 143(3) r.w.s. 147 of the Income Tax Act, 1961; in short “the Act”.

Page No 2 Shri Mansukhlal Maganlal Patel (HUF) Vs. ACIT

2.

The assessee has requested to withdraw the appeal vide letter dated nil on the ground that with the introduction of Vivad Se Vishwas Scheme, the appellant has decided to avail the Scheme with respect to the said appeal and therefore the appeal of the Assessee is required to be withdrawn in terms of scheme.

3.

The Ld. Departmental Representative of the Revenue had no objection if the appeal of the Assessee is treated to be withdrawn in terms of the Scheme opted by the assessee.

4.

In the light of the above submission made by the assessee, we find no reason to keep the appeal pending 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 bonafide reason, then the assessee will be at liberty to seek restoration of original appeal for adjudication before the ITAT in accordance with law.

5.

In the result, the appeal of the Assessee is dismissed under VSV Scheme.

Order pronounced in the open court on 01-07-2022

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