UNIQUE INFRACON PVT. LTD.,GANDHIDHAM vs. ADDL. CIT, GANDHIDHAM CIRCLE, GANDHIDHAM
What did the Tribunal hold?
The Tribunal allowed the withdrawal of the appeal as the assessee intended to settle the matter under the Vivad Se Vishwas Scheme. The appeal was dismissed, with liberty to seek restoration if the scheme benefits could not be availed.
What were the facts?
The assessee filed an appeal before the ITAT for Assessment Year 2014-15. The assessee subsequently requested to withdraw the appeal to avail the benefits of the Vivad Se Vishwas Scheme.
What were the issues?
Whether an appeal can be withdrawn to avail the Vivad Se Vishwas Scheme. The procedural aspect of withdrawing an appeal due to opting for a settlement scheme.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT
Before: Shri Waseem Ahmed & Shri Siddhartha Nautiyal
आदेश/ORDER PER BENCH:- This assessee’s appeal for A.Y. 2014-15, arises from order of the CIT(A)-2, Rajkot dated 11-12-2017, in proceedings under section 143(3) of the Income Tax Act, 1961; in short “the Act”.
The assessee has requested to withdraw the appeal 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decided to avail the Scheme with respect to the said appeal and therefore the appeal of the Assessee is required to be withdrawn in terms of scheme.
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 Departmental Representative of the Revenue had no objection if the appeal of the Assessee is treated to be withdrawn in terms of the Scheme opted by the assessee.
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.
In the result, the appeal of the Assessee is dismissed under VSV Scheme.
Order pronounced in the open court on 29-06-2022
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