What did the Tribunal hold?

The tribunal permitted the assessee to withdraw the appeal. The appeal was dismissed as withdrawn.

The assessee bank filed an appeal before the ITAT. The assessee subsequently opted for resolution under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether an appeal can be withdrawn by the assessee in light of opting for resolution under the Vivad Se Vishwas Act.

The Aurangabad District… vs JCIT | ITAT Pune 2021

Income Tax Appellate Tribunal, “A” BENCH, PUNE

Before: SHRI INTURI RAMA RAO & SHRI PARTHA SARATHI CHAUDHURY

For Appellant: Shri Vikash Agarwal

Hearing: 01.02.2021Pronounced: 01.02.2021

आदेश / ORDER This appeal preferred by the assessee emanates from the order of the Ld. CIT(Appeals)-1, Aurangabad dated 23.06.2017 for the assessment year 2011-12 as per the grounds of appeal on record.

The Ld. AR for the assessee through video conference submitted that the assessee wants to withdraw the grounds of appeals in light of the assessee opting for resolution under the provisions enumerated in the Direct Tax Vivad Se Vishwas Act, 2020 („the VSV Act‟) and has filed an application dated 30.01.2021 along with Form-3 in this regard by stating as follows:

“ Subject : Application for withdrawal of appeal Reference : AY 2011-12 Hearing for the above referred appeal is scheduled on 01.02.2021. Appellant has applied under Direct Tax Vivad Se Vishwas Act, 2020 and has received Form 3 from the learned PCIT. Copy of Form 3 is enclosed herewith. Considering the fact, appellant requests the Honourable Bench to Kindly allow appellant to withdraw the present appeal and oblige.”

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 Appeal of assessee is dismissed being withdrawn.

In the result, the appeal of assessee is dismissed as withdrawn.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 in Open Court on 01st day of February, 2021.

Sd/- Sd/- INTURI RAMA RAO PARTHA SARATHI CHAUDHURY ACCOUNTANT MEMBER JUDICIAL MEMBER ऩुणे / Pune; ददनाांक / Dated : 1st February, 2021 SB आदेश की प्रनिलऱपप अग्रेपषि / Copy of the Order forwarded to : अऩीऱाथी / The Appellant. 1. प्रत्यथी / The Respondent. 2.

3. The CIT(Appeals)-1, Aurangabad.

The CIT-TDS, Pune. , आयकर अऩीऱीय अधधकरण, “ए” बेंच, 5. ववभागीय प्रतततनधध ऩुणे / DR, ITAT, “A” Bench, Pune. गार्ड फ़ाइऱ / Guard File. 6. आदेशानुसार / BY ORDER, // True Copy // तनजी सधचव / Private Secretary आयकर अऩीऱीय अधधकरण, ऩुणे / ITAT, Pune.

Date 1 Draft dictated on 01.02.2021 Sr.PS/PS 2 Draft placed before author 01.02.2021 Sr.PS/PS 3 Draft proposed and placed JM/AM before the second Member 4 Draft discussed/approved by AM/JM second Member 5 Approved draft comes to the Sr.PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr.PS/PS 7 Date of uploading of order Sr.PS/PS 8 File sent to Bench Clerk Sr.PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R 11 Date of dispatch of order

THE AURANGABAD DISTRICT INDUSTRIAL & URBAN CO-OP BANK LTD,AURANGABAD vs. JOINT COMMISSIONER OF INCOME-TAX, TDS RANGE, NASHIK

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