ROCKDRILLS PROJECTS PRIVATE LIMITED,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

The hearing of the appeal was concluded through video conference in view of the prevailing situation of Covid-19 Pandemic.

An application for withdrawal of this appeal has been filed by the assessee vide letter dated 31st August, 2020. The contention made in the said application reads as under: “Please note that in the above appeal the assessee has opted for settlement under Vivad Se Vishwas Scheme and the certificate in Form-3 has duly been issued by the department with 2 ITA 175/JP/2018_ Rockdrills Projects P Ltd. Vs DCIT acknowledgement No. 490918540250820 and a copy of which is enclosed herewith. Accordingly, the appeal has become infructuous and therefore, we request you to allow the withdrawal of our appeal which has not been fixed on 12th October, 2020. Kindly acknowledge receipt. Thanking you Yours sincerely, For N. Kataria & Associates. Chartered Accountants

During the course of hearing the Ld. Counsel for the assessee submitted that the assessee has availed the immunity scheme i.e. Vivad Se Vishwas and the Income Tax Department has since issued Form 3 bearing Certificate No. 490918540250820 in response to the application filed by the assessee, under section 5(1) of the Direct Tax Vivad se Vishwas Act, 2020, therefore the appeal of the assessee may be allowed to be withdrawn.

The Ld. DR did not object if appeal of the assessee is dismissed as withdrawn.

Therefore, in view of the fact that the assessee has already approached the department to settle the matter under Vivad Se Vishwas

3 ITA 175/JP/2018_ Rockdrills Projects P Ltd. Vs DCIT scheme, we permit the assessee to withdraw its appeal. Accordingly, the appeal of the assesses is dismissed as withdrawn.

In the result, this appeal of the assessee is dismissed.