THE ACIT, CIRCLE-5,, AHMEDABAD vs. M/S. NIRMA LIMITED,, AHMEDABAD

The above appeal filed by the Revenue against order of the Commissioner of Income Tax (Appeals)-9, Ahmedabad dated 18.03.2015 for assessment year 2002-03

When the matter was called for hearing, it is noticed that the ld.counsel for the assessee, Shri H.C. Shah, has filed a letter dated 07.12.2021 enclosing therewith copy form no.5 being order for Full and Final Settlement of Tax arrear issued under section 5(2) of the Direct Tax Vivad Se Vishwas Act, 2020 by the designated authority. The same are taken on record. In light of settlement of the issue, the appeal of the Revenue becomes infructuous and, therefore, assessee seeks its withdrawal. The ld.DR has no objection if its appeal is treated to be withdrawn in view of the settlement of the issue by the assessee.

In the light of the above letter of the ld.counsel for the assessee, I find no reason to keep pending appeal of the Revenue before the Tribunal because as per form no.5 filed by the assessee, the appeal of the Revenue became infructuous. Accordingly, appeal of the Revenue being infructuous is dismissed as withdrawn.

In the result, the appeal of the Revenue stands dismissed under VSV scheme.