GOBINDRAM C.AGARWAL,,SURAT vs. ITO, WARD-2(3),, SURAT

This appeal by assessee is directed against the orders of ld. Commissioner of Income tax (Appeals)-2, Surat, dated 18.09.2019, which in turn arise from the assessment order under section 143(3) of the Income Tax Acst,m 1961 dated 17.03.2016 for assessment year (AY) 2013-14. The appeal came up hearing on 13th September 2021. The learned authorised representative (AR) of the assessee has filed an application inter alia stating therein that the assessee has availed the benefits of Vivad se Visvas Scheme -2020 (VSV- 20) and has settled the dispute with department and has received Form-3 of Gobindram C.Agarwal (AY 2013-14) VSV-20 bearing acknowledgement No. 274598690260221 from designated authority. At the time of hearing the learned AR for the assessee prayed for withdrawal of appeal.

On the other hand the learned Senior Departmental Representative (Sr DR) submits that she has no objection if the appeal of the assessee is dismissed as withdrawn.

We have considered the contents of the application filed by the assessee and the submissions of Sr DR for the revenue. Considering the facts that the assessee has settled the dispute with the department under VSV-20, and has received Form-3 of VSV -20, the appeal of the assessee is dismissed as withdrawn with liberty to the assessee as well as to the revenue that in case, if the application preferred by the assessee under VSV-20 does not get finally settled for any reason whatsoever, then both the parties are at liberty to prefer Miscellaneous Application before this Tribunal for restoration of this appeal and in such event, the appeals shall get restored. The assessing officer is directed to pass consequential order as per CBDT Circular No. 3/2021