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Income Tax Appellate Tribunal, “C” BENCH, PUNE
Before: SHRI R.S. SYAL & SHRI S.S. VISHWANETHRA RAVI, JM
आदेश/ORDER
This appeal filed by the assessee is directed against the directions of Dispute Resolution Panel – 3, Mumbai dated 30.09.2016 passed u/s 144C(5) of the Income Tax Act, 1961, in relation to the assessment year 2012-13.
Before us, the assessee has filed a letter dated 19.01.2021 seeking withdrawal of the appeal. The relevant contents of such letter reads as under : “The captioned appeal that is pending adjudication before the Hon’ble ITAT, was filed by the appellant on 30.01.2017 against the final assessment order passed by the Assessing Officer. In this regard, the appellant wishes to humbly submit that the appellant has opted for resolution under the provisions enumerated under the VSV Act.
In order to give effect of the proceedings enumerated under the VSV Act, Rule 5 of the Direct Tax Vivad Se Vishwas Rules 2020 (‘the VSV Rules’), stipulates that the appellant is liable to withdraw the grounds of appeal
, prior to furnishing of Form
4. (intimation of payment). Therefore, in compliance with the aforesaid Rule, the appellant hereby submits that the appeal in A.Y. 2012-13 may be permitted to be withdrawn.”
The ld. DR did not raise any objection to the withdrawal of the appeal filed by the assessee. As such, the assessee is permitted to withdraw the appeal with the liberty to the assessee to revive the appeal proceedings in the case of the Pr. Commissioner of Income Tax declining to issue Form No.3 Certificate under sub-section (1) of section 5 of the Direct Tax Vivad Se Vishwas Act, 2020 for whatsoever reasons. Accordingly, the appeal of the assessee stands dismissed as withdrawn.
In the result, the appeal is dismissed as ‘withdrawn’.
Order pronounced in the open Court on 4th day of February, 2021.