2021 (3) TMI 1428 - AT - Income Tax

Assessees Opt for Vivad se Vishwas Scheme - Appeals Dismissed

Abellon EPC & Technologies Ltd. Versus ITO, Ward -1 (1) (1), Ahmedabad, Sanjay Ramchandra Patel Versus DCIT, Central Circle-1 (2), Ahmedabad And M/s. Bharat Foundry Versus Addl. CIT Range-12, Ahmedabad

The Tribunal dismissed all appeals as withdrawn after the assessees opted for the 'Vivad se Vishwas Scheme, 2020' (VSV). The Revenue did not oppose the ... Benefit of VSV Scheme - HELD THAT:- When the matter was called for hearing, the ld. counsels for the assessee at the outset have submitted that they do not seek to pursue the said appeals owing to exercise of opt ion for availing VSV Scheme and consequently requested that their applications for withdrawal of appeals may please be granted. Reference was also made to written requests in this regard. Revenue stated that he has no objection to withdraw the appeals in the circumstances narrated on behalf of the assessee. Thus appeals are dismissed as withdrawn. Issues involved:Withdrawal of appeals under the 'Vivad se Vishwas Scheme, 2020' (VSV) before the Appellate Tribunal ITAT AHMEDABAD.Analysis:1. Background of the Appeals:The three appeals in question were filed by the assessees against the orders of the Commissioner of Income Tax (Appeals) (CIT(A)) for different assessment years.2. Withdrawal of Appeals:The assessees expressed their intention to withdraw the appeals as they had chosen to avail the benefits of the 'Vivad se Vishwas Scheme, 2020' (VSV). The counsels for the assessees informed the Tribunal that they no longer wished to pursue the appeals and requested their withdrawal. This request was supported by written submissions.3. Revenue's Position:The Departmental Representative for the Revenue did not object to the withdrawal of the appeals in light of the assessees' decision to opt for the VSV Scheme.4. Decision of the Tribunal:Considering the requests made by the parties involved, the Tribunal dismissed all the appeals as withdrawn. However, it was clarified that if an assessee failed to avail the benefits of the VSV Scheme due to genuine reasons, they could seek the restoration of the original appeals for a hearing before the ITAT in accordance with the law.5. Final Outcome:As a result, all the captioned appeals were officially dismissed as withdrawn by the Tribunal on the specified date of 23/03/2021.This judgment reflects the procedural aspect of allowing withdrawal of appeals by assessees who opt for the VSV Scheme, with the Tribunal granting the withdrawal request in this case. The Tribunal's decision ensures that assessees have the opportunity to restore their appeals if they are unable to benefit from the VSV Scheme due to valid reasons, thereby maintaining fairness and flexibility in the legal process.