SHRI SACHANAND TIRTHANI,JABALPUR vs. PR.COMMISSIONER OF INCOME TAX-2, JABALPUR

At the outset, Shri Dhiraj Ghai, ld.counsel for the Assessee, would submit that the Assessee seeks permission for withdrawal of the instant appeal, in view of he having opted for Vivad se Vishwas Scheme 2020 (VSVS), enclosing alongwith Form 5 dated 28/01/2022.

A perusal of the record shows that the assessment pursuant to the impugned order was made on 25/11/2019, which stands appealed against by the (A.Y. 2014-15) Sachanand Tirthani v. Pr. CIT assessee before the first appellate authority on 11/01/2020. It is this appeal which was outstanding for adjudication at the time of the assessee applying under VSVS in Form 1 (copy on record). The matter has attained finality with the acceptance of the assessee’s application and the consequent issue of Form 5 under Rule 7 of the Direct Tax Vivad se Vishwas Rules, 2020 on 28/01/2022. The assessee’s appeal against revision order becomes, under the circumstances, infructuous. We, therefore, have no hesitation in accepting the assessee’s request, to which no objection was also raised by the ld. CIT-DR during hearing, dismissing his appeal as infructuous. The same in fact becomes non-maintainable in view of the provisions of Direct Tax VSV Act, 2020. We decide accordingly.

In the result, appeal filed by the assessee stands dismissed as infructuous.