MILLENNIUM HOLDIKNGS PVT. LTD.,AHMEDABAD vs. THE DCIT, CENTRAL CIRCLE-1(2), AHMEDABAD

The above appeal filed by the assessee arises from order of the Commissioner of Income Tax (Appeals)-11, Ahmedabad dated 18.9.2018 for assessment year 2012-13.

When the matter was called for hearing, it is pointed out to the Bench that the ld.counsel for the assessee has filed an application on behalf of the assessee stating that the assessee has opted for “Vivad se Samadhan Scheme” and therefore seeks withdrawal of this appeal. Along with the application copies of form no.1 and 2 of the scheme along with electronic receipt have been filed. In view of this, the ld.counsel for the assessee submitted that assessee does not want to VSV Scheme and it has complied with the requisite formalities, and sought permission for withdrawal of appeal before the Tribunal.

The ld. Departmental Representative for the Revenue stated that he has no objection for withdrawal of the appeal by the assessee in view of the application of the ld.counsel for the assessee in this behalf.

In the light of the above submission made on behalf of the assessee by assessee’s representative, appeal of the assessee stands dismissed as withdrawn. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any bonafide 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In the result, the appeal of the assessee is dismissed as being withdrawn under VSV scheme. Order pronounced in the Court on 4th January, 2021 at Ahmedabad.