M/S. JLN US & CO.,VADODARA vs. THE DCIT, CIRCLE-1(2), VADODARA

The above appeal filed by the assessee arises from order of the Commissioner of Income Tax (Appeals)-5, Vadodara dated 15.5.2019 for assessment year 2013-14.

When the matter was called for hearing, it is noticed that the assessee has filed an application for withdrawal of appeal under Direct Tax Vivad Se Vishwas Act, 2020. Along with the application the assessee filed copy of Form No.4 issued under sub-section (2) of section 5 of the Act, 2020 exhibiting intimation of payment under that Act. In other words, the assessee wants to resolve the issue with the department by availing benefit under Vivad Se Vishwas Scheme, and necessary formalities have been completed, and therefore, the appeal of the assessee requires to be withdrawn in terms of scheme. The ld.DR has no objection if the appeal of the assessee is treated to be withdrawn in terms of scheme opted by the assessee.

In the light of the above submission made by assessee, we find no reason to keep pending appeal of the assessee before the Tribunal. Accordingly, the appeal of the assessee stands dismissed. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any reasons, then the assessee will be at liberty to seek restoration of original appeal for adjudication before ITAT in accordance with law.

In the result, the appeal of the assessee stands dismissed under VSV scheme. Order pronounced in the Court on 26th July, 2021 at Ahmedabad.