SHRI SAILESH JASUBHAI BARAD, L/R OF LATE SHRI JASHUBHAI DHANABHAI BARAD,AT. VILLAGE BADALPARA, TAL. VERAVAL, DIST. GIR SOMNATH vs. THE ITO, WARD-4, VERAVAL

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ITA 163/RJT/2019Status: DisposedITAT Rajkot22 March 2022AY 2010-113 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee's request to withdraw the appeal as the assessee had opted for the Vivad se Vishwas Scheme. The assessee was granted liberty to seek restoration if they failed to avail the scheme benefits for bonafide reasons.

What were the facts?

The assessee filed an appeal against the assessment order. During the pendency of the appeal, the assessee opted to avail the benefits of the 'Vivad se Vishwas Scheme, 2020'. The assessee's counsel requested to withdraw the appeal.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas Scheme.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 MAHAVIR PRASAD, JUDICIAL MEMEBR & SHRI WASEEM AHMED, ACCOUNTANT MEMEBR

For Appellant: Shri Mehul Ranpura, A.R, Shri S. S. Rathi, Sr. D.R

The captioned appeal has been filed at the instance of the assessee against the order of the Commissioner of Income Tax (Appeals)-2, Rajkot (‘CIT(A)’ in short), dated 15.04.2019 arising in the assessment order dated 28.10.2015 passed by the Assessing Officer (AO) under Jasubhai D. Barad vs. ITO] AY 2010-11 - 2 - s. 143(3) r.w.s. 147 of the Income Tax Act, 1961 (the Act) concerning AY. 2010-11.

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.

3.

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.

4.

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 Jasubhai D. Barad vs. ITO] AY 2010-11 - 3 - seek restoration of original appeal for hearing before ITAT in accordance with law.

5.

In the result, the captioned appeal is dismissed as withdrawn.

This Order pronounced in Open Court on 23/03/2022

Sd/- Sd/- (WASEEM AHMED) (MAHAVIR PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad: Dated 23/03/2022 True Copy S.K.SINHA आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. राज�व / Revenue 2. आवेदक / Assessee 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त- अपील / CIT (A) 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड� फाइल / Guard file. By order/आदेश से,

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