What did the Tribunal hold?

The Tribunal considered the assessee's application and the Form-3 certificate from the Vivad se Vishwas Scheme. The assessee was allowed to withdraw its appeal.

The assessee filed an appeal against the order of the CIT(A). Subsequently, the assessee filed an application to withdraw the appeal as the dispute was settled under the Vivad se Vishwas Scheme, 2020.

What were the issues?

Whether the assessee can withdraw an appeal after settling the dispute under the Vivad se Vishwas Scheme.

M/S. Sumilon Industries Limited vs DCIT | ITAT Surat 2021

Order under section 254(1) of Income Tax Act PER PAWAN SINGH, JUDICIAL MEMBER:

1. 1. These appeal by assessee are directed against the separate orders of ld. Commissioner of income tax (Appeals)-2, Surat, dated 19.11.2019 for assessment year (AY) 2013-14.

2. This appeal was taken came up for hearing on 12th March 2021, on the application filed by the assessee dated 05th March 2021, under the signature of it Director stating that the assessee has settled the dispute with the under Vivad se Visvas Scheme -2020 (VSVS). From- 3 of VSVS has been received by the assessee and that he may be allow to withdraw the appeals.

3. None appeared on behalf of assessee on 12th March 2021, despite information to the assessee.

2013-14) Sumilon Industries Pvt Limited 4. The learned Senior Departmental representative (ld. DR) appearing for the revenue has no objection if the appeal of assessee is dismissed as withdrawn.

We have considered the contents of the application filed by the assessee and have verified the facts from Form-3 of VSVS, filed by the assessee along with the application dated 05th march 2021. We have seen that the learned Principal Commissioner of Income Tax, Surat-1, (Designated authority) has already issued certificate No. 244947700080221, vide Form-3 of said scheme, dated 08.02.2021. Therefore, considering the contents of the application filed by the assessee dated 05th March 2021, the assessee is allowed to withdraw its appeal. Resultantly the appeal of the assessee is dismissed as withdrawn. The assessing officer is directed to pass consequential order as per CBDT Circular No. 3/2021 dated 04.03.2021. Order announced at the time of hearing of appeal on 12th March 2021 in the Virtual Court hearing. Sd/- Sd/ (Dr ARJUN LAL SAINI) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER Surat, Dated: 12/03/2021 Copy to: 1. Appellant 2. Respondent 3. CIT(A) 4. CIT 5. DR True copy/ By order / / TRUE COPY / / Assistant Registrar, ITAT, Surat

2013-14) Sumilon Industries Pvt Limited

M/S. SUMILON INDUSTRIES LIMITED,SURAT vs. DCIT, CIRCLE-2(1)(2), SURAT

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