RAJENDRA INDERCHAND MUGDIYA,AURANGABAD vs. INCOME-TAX OFFICER, WARD - 3 (1), AURANGABAD
What did the Tribunal hold?
The tribunal granted the assessee's request to withdraw the appeal. The appeal was accordingly dismissed as withdrawn.
What were the facts?
The assessee filed an appeal against the CIT(A) order for AY 2015-16. The assessee later sought to withdraw the appeal as the issue was settled under the Vivad Se Vishwas Scheme.
What were the issues?
Whether the assessee can withdraw an appeal if the underlying issue is settled under a tax dispute resolution scheme.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH, PUNE
Before: SHRI INTURI RAMA RAO, AM & SHRI PARTHA SARATHI CHAUDHURY, JM
आदेश / ORDER
The appeal filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals) – 2, Aurangabad dated 28.11.2018 for the Assessment Year 2015-16.
Before us, the appellant filed a letter dated 18.01.2021 seeking permission to withdraw the appeal on the ground that the issue involved in this appeal stands settled under the Vivad Se Vishwas Scheme, 2020. The appellant also filed copy of Form No.3 issued by Principal Commissioner of Income Tax, Nashik – 1.
On the other hand, the ld. Department Representative had expressed no objection to permit the withdrawal of appeal.
In the circumstances, we hereby grant permission to the appellant to withdraw the appeal. Accordingly, the appeal stands dismissed as withdrawn.
In the result, the appeal filed by the assessee is dismissed as withdrawn.
Order pronounced in the open Court on this 3rd day of February, 2021.
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