What did the Tribunal hold?

The assessee requested to withdraw the appeal due to the settlement under the Vivad-Se-Vishwas Scheme. The Revenue had no objection to the withdrawal.

The assessee filed an appeal against the CIT(A)'s order. During the pendency of the appeal, the assessee settled the dispute with the Department under the Vivad-Se-Vishwas Scheme, 2020.

What were the issues?

Whether the appeal can be withdrawn by the assessee after settling the dispute under the Vivad-Se-Vishwas Scheme.

M/S. Micromega Projects, Silvassa vs DCIT | ITAT Surat 2021

Income Tax Appellate Tribunal, SURAT BENCH, SURAT

Before: SHRI PAWAN SINGH, Honble & Dr.SHRI ARJUN LAL SAINI, Honble

Hearing: 05.03.2021

O R D E R PER PAWAN SINGH, JUDICIAL MEMEBER:

1. 1. This appeal by Assessee is directed against the order of ld.Commissioner of Income Tax(Appeals)-4, Surat dated 01.08.2018 for assessment year (AY) 2013-14.

2. The appeal came up hearing on 5th March 2021. The Ld.AR for the assessee submitted an application dated 22.02.2021 for withdrawal of the appeal on the ground that the assessee has settled dispute with the Department under Vivad-Se-Vishwas Scheme–2020 and had already received Form-3, issued from the office of Principal Commissioner of Income Tax(Central), Surat, dated 04.02.2021 copy of which M/s. Micromega Projects Vs. ACIT, Central Circle-1, Vapi / A.Y. 2013-14 is filed. The Ld. AR for the assessee submits that the assessee shall pay the full and final demand as per undertaking given by assessee. The Ld. AR of assessee prayed for withdrawal of the appeal.

The ld.Departmental Representative Sr.DR appearing for the Revenue has no objection if the appeal of assessee is dismissed as withdrawn. Considering the submissions of the Ld. AR of the assessee, the assessee is allowed to withdraw his appeal. Resultantly, the appeal of the Assessee is dismissed as withdrawn.

M/S. MICROMEGA PROJECTS,SILVASSA vs. THE DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, VAPI

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