M/S CITY HOSPITAL AND RESEARCH CENTRE PVT, LTD.,JABALPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 2(1), JABALPUR

At the outset, it was submitted by Sh. Bardia, the ld. counsel for the assessee, that the assessee-appellant has opted for the settlement of it’s tax dispute/s under reference under the Vivad Se Vishwas Sheme, 2020 of the Government of India. Though the Certificate in Form 5, signifying the full and final settlement of the tax under dispute, issued under section 5(2) read with section 6 of the Direct Taxes Vivad Se Vishwas Act, 2020, has not been issued yet by the Revenue, marking the closure of the process, the same is only due to some technical issues being faced. The assessee’s application under the said Act 1 City Hospital & Research Centre Pvt. Ltd. v. Asst. CIT stands accepted and approved by the competent authority there-under. The instant appeal, he would request, be therefore permitted to be withdrawn. On an inquiry by the Bench, he clarified that all the obligations under the said Act have been complied with by the assessee, who has paid the tax as required and also filed and uploaded Form 4 on the Revenue’s E-portal.

We have heard the parties. Though the process of settlement under the DTVSV Act has yet not been finalized, it is clear that the assessee does not intend to prosecute its’ appeal/s, a statutory right granted under the Act, but to settle its’ tax dispute/s following the alternate dispute resolution route, having completed all the processes in this regard. The said Act in fact itself provides for an automatic vacation of the relevant appeal on the tax dispute being settled thereunder. There was, accordingly, and only understandably so, no objection to Sh. Bardia’s request by Sh. Halder, the ld. Sr. DR. We accordingly have no hesitation in permitting withdrawal of the instant appeal, which is rendered not maintainable before the Tribunal, even as liberty for moving it is hereby granted where for any reason the assessee’s application under the DTVsV Act does not reach its logical end.

In the result, the captioned appeal is dismissed as not maintainable. Order pronounced in the open court on February 08, 2022 (Manomohan Das) Accountant Member Dated: 08/02/2022 Copy of the Order forwarded to: