What did the Tribunal hold?

The Tribunal allowed the assessee to withdraw the appeal. Consequently, the appeal filed by the assessee was dismissed as withdrawn.

The assessee filed an appeal against the CIT(A)'s order for AY 2008-09. The assessee later filed an application to withdraw the appeal, stating that the dispute was settled under the Vivad-Se-Vishwas Scheme.

What were the issues?

Whether the assessee can withdraw an appeal after settling the dispute under a tax settlement scheme.

M/S. Om Shanti Trade Link Pvt… vs ITO | 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)-2, Surat dated 13.09.2017 for assessment year (AY) 2008-09.

2. The appeal came up hearing on 5th March 2021. The Ld.AR for the assessee submitted an application dated 20.02.2021 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, Surat-1, dated 15.02.2021 copy of which is filed.

Om Shanti Trade Link Pvt. Ltd., Vs. ITO, Ward-2(1)(4), Surat / A.Y. 2008-09 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Representative Sr.DR appearing for the Revenue has no objection if the appeal of assessee is dismissed as withdrawn.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 Resultantly, the appeal of the Assessee is dismissed as withdrawn.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. OM SHANTI TRADE LINK PVT. LTD.,SURAT vs. THE INCOME TAX OFFICER, WARD-2(1)(4), SURAT

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