Income Tax Appellate Tribunal - Ahmedabad
Shri Bhaghubhai Patel, Sabarkantha vs Dcit, Sk Circle,, Himatnagar on 21 February, 2022
IN THE INCOME TAX APPELLATE TRIBUNAL
AHMEDABAD "A" BENCH
(Conducted Through Virtual Court)
Before: Shri Waseem Ahmed, Accountant Member
And Shri Siddhartha Nautiyal, Judicial Member
ITA No. 2167/Ahd/2018
Assessment Year 2015-16
Shri Bhaghubhai Patel, DCIT,
Shrinagar Area, S.K. Circle,
Near Mahakali Mandir, Vs Himatnagar
Mahavirnagar, (Respondent)
At Taluka: Idar,
Sabarkantha-383001
PAN: AAUPP1107B
(Appellant)
Assessee by: Withdrawal Application
Revenue by: Shri S.S. Shukla, Sr. D.R.
Date of hearing : 01-02-2022
Date of pronouncement : 21-02-2022
आदे श/ORDER
PER : SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER:-
The captioned appeal has been filed at the instance of the Assessee against the order of the Learned Commissioner of Income Tax(Appeals)-2, Ahmedabad dated 30/08/2018, relevant to the Assessment Year 2015-2016.
2. The assessee has filed written submission to withdraw the appeal on the ground that with the introduction of Vivad Se Vishwas Scheme, the I.T.A No. 2167/Ahd/2018 A.Y. 2015-16 Page No. 2 Shri Bhaghubhai Patel vs. DCIT appellant has decided to avail the Scheme with respect to the said appeal and filed declaration and undertaking in Form 5 under the Scheme on 18.09.2021. The said declaration and undertaking were accepted by the Department, When the matter was called for hearing, the assessee submitted that he wants to resolve the issue with the department by availing benefit under Vivad Se Vishwas Scheme, and therefore the appeal of the Assessee is required to be withdrawn in terms of scheme.
2. 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 Departmental Representative of the Revenue had no objection if the appeal of the Assessee is treated to be withdrawn in terms of the Scheme opted by the assessee.
3. 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.
4. In the result, the appeal of the Assessee is dismissed under VSV Scheme.
Order pronounced in the open court on 21-02-2022 Sd/- Sd/-
(WASEEM AHMED) (SIDDHARTHA NAUTIYAL) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad : Dated 21/02/2022 I.T.A No. 2167/Ahd/2018 A.Y. 2015-16 Page No. 3 Shri Bhaghubhai Patel vs. DCIT आदे श क त ल प अ े षत / Copy of Order Forwarded to:-
1. Assessee
2. Revenue
3. Concerned CIT
4. CIT (A)
5. DR, ITAT, Ahmedabad
6. Guard file.
By order/आदे श से, उप/सहायक पंजीकार आयकर अपील य अ धकरण, अहमदाबाद