ITAT Rajkot Judgments — November 2021

The Tribunal allowed the assessee's request to withdraw the appeal, noting that their application under the Vivad se Vishwas Scheme had been approved. The assessee was granted liberty to file a miscellaneous application if any issue remained unresolved under the scheme.

The Tribunal set aside the matter to the Assessing Officer, subject to the assessee depositing a cost of Rs. 5,000/-. The AO was directed to proceed with the case and decide it as per law.

The Tribunal considered the assessee's submission and application for withdrawal of the appeal. The Tribunal allowed the request for withdrawal in accordance with the Vivad se Vishwas Scheme.

The Tribunal upheld the decision of the lower authorities, finding no infirmity in the disallowance. The assessee failed to provide supporting details for the claim of deduction under Section 80P for the specific incomes, even before the ITAT.

The Tribunal found that the Assessing Officer was not justified in taxing the receipt in the hands of the dissolved firm solely based on the PAN number without disproving the assessee's claim of dissolution and taxation in the proprietary concern's hands.

The Tribunal considered the assessee's application for withdrawal of the appeal to avail the Vivad se Vishwas Scheme. The Tribunal allowed the withdrawal request in accordance with the scheme's provisions.