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ITA allows withdrawal of appeal as appellant decide to avail benefit of VSV Scheme

Case Law Details

TaxGuru Citation
2022 taxguru.in 2649
Case Name
Kalpesh Kashiram Patel Vs ITO (ITAT Ahmedabad)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2014-15
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Kalpesh Kashiram Patel Vs ITO (ITAT Ahmedabad)

This is an appeal filed by the assessee against the order of the ld. Commissioner of Income Tax (Appeals)-6, Ahmedabad in Appeal no. CIT(A)-6/130/16-17 vide order dated 27/06/2017 passed for the assessment year 2014-15.

2. The assessee has reqeusted 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decided to avail the Scheme with respect to the said appeal and therefore the appeal of the Assessee is required to be withdrawn in terms of scheme.

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 Departmental Representative of the Revenue had no objection if the appeal of the Assessee is treated to be withdrawn in terms of the Scheme opted by the assessee.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 15-06-2022

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