What did the Tribunal hold?

The Income Tax Appellate Tribunal permitted the assessee to withdraw the appeal. The appeal was consequently dismissed as withdrawn.

The assessee wished to withdraw their appeal before the ITAT. This was because they had opted for the Vivad Se Vishwas scheme and had filed the necessary declarations and received Form-3.

What were the issues?

Whether an appeal can be withdrawn by the assessee under the Vivad Se Vishwas Act, 2020, after opting for the scheme.

Aquatech Systems (Asia) Pvt.Ltd vs DCIT | ITAT Pune 2021

Income Tax Appellate Tribunal, “C” BENCH, PUNE

Before: SHRI INTURI RAMA RAO & SHRI PARTHA SARATHI CHAUDHURY

For Appellant: Shri Pratik Poddar

For Respondent: Shri Sangram Gaikwad

Hearing: 09.03.2021Pronounced: 09.03.2021

आदेश / ORDER This appeal preferred by the assessee emanates from the direction of the Ld. Dispute Resolution Panel (DRP)-3, Mumbai dated 28.12.2016 for the assessment year 2012-13 as per the grounds of appeal on record.

The Ld. AR for the assessee submitted that the assessee wants to withdraw the appeal as the assessee has opted for Vivad Se Vishwas scheme and has filed an application on 03.03.2021 along with Form-3 by stating as follows : “Re. Aquatech Systems (Asia) Private Limited (the „Appellant‟) Assessment year 2012-13 PAN : AABCA1850C Sub : Request for withdrawal of appeal With due respect to the captioned appeal, the appellant has opted to settle the dispute under Vivad Se Vishwas Act, 2020 (VSV Act). Accordingly, the Appellant has made declaration in Form No.1 & 2 as specified in Vivad Se Vishwas Rules, 2020 (VSV Rules) on 24th December, 2020. Pursuant to the filing of Form No.1 & 2, the Appellant is in receipt of Form No.3 dated 01st January, 2021 ( attached as Annexure-1), issued by the designated authority wherein the total tax payable /refundable has been determined. On receipt of Form No.3, the Appellant under section 4(3) of the VSV Act is required to withdraw the appeal and furnish proof of withdrawal along with intimation of payment to the designated authority in Form 4. In view of the above, the Appellant craves leave to withdraw the captioned appeal.”

The Ld. DR has no objection in case the assessee wishes to withdraw the appeal. Hence, we permit the withdrawal. Appeal of assessee is dismissed being withdrawn.

In the result, the appeal of assessee is dismissed as withdrawn.

Order pronounced on 09th day of March, 2021.

AQUATECH SYSTEMS (ASIA) PVT.LTD,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, PUNE

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What were the facts?

What were the issues?

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