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Order under section 254(1) of Income Tax Act PER PAWAN SINGH, JUDICIAL MEMBER:
1.
This appeal by assessee is directed against the orders of ld. Commissioner of Income tax (Appeals)-1, Surat, dated 04.09.2017, which in turn arise from the assessment order under section 143(3) r.w.s 147 of the Act on 23.02.2015 for assessment year (AY) 2007-08. The appeal came up hearing on 20th May 2021. The learned Authorised representative (AR) for the assessee submits 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and has settled the dispute with department and has received Form- 3 of VSV-20 and this appeal may be dismissed as withdrawn. The ld AR for the assessee also filed the copy of Form-3 of VSV-20 bearing M/s.Kay Tee Lon Impex Pvt. Ltd., (AY: 2007-08), Acknowledgement No. 221253820200121. The ld.AR for the assessee prayed for withdrawal of appeal.
2. 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Departmental Representative (Sr DR) submits that she has no objection if the appeal of the assessee is dismissed as withdrawn.
3. We have considered the submissions of ld. Representative of bothz the parties. And considering the fact assessee 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with the department under VSV-20, and has received Form-3 of VSV -20, the appeal of the assessee is dismissed as withdrawn with liberty to the assessee as well as to the revenue that in case, if the application preferred by the assessee under VSV-20 does not get finally settled for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 dated 04.03.2021. In the result, appeal of the assessee dismissed as withdrawn. Order announced at the time of hearing of appeal on 20th May 2021 in the Virtual Court hearing.