What did the Tribunal hold?

The Tribunal noted the assessee's application for withdrawal of the appeal due to opting for the Vivad Se Vishwas Scheme. The Departmental Representative did not object to the withdrawal.

The assessee filed an appeal before the ITAT. Subsequently, the assessee applied for the Direct Tax Vivad Se Vishwas Act, 2020 scheme and was awaiting Form-3. The assessee then requested to withdraw the appeal.

What were the issues?

The primary issue was whether the appeal should be withdrawn by the assessee in light of the Vivad Se Vishwas Act, 2020.

M/S. Sharda Industries, Ankleshwar vs DCIT | ITAT Surat 2021

Income Tax Appellate Tribunal, SURAT BENCH, SURAT

Before: SHRI PAWAN SINGH, JM & DR. A. L. SAINI, AM

For Appellant: Shri Mehul K. Patel - AR

Hearing: 12/01/2021Pronounced: 12/01/2021

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JM & DR. A. L. SAINI, AM आयकरअपीलसं./ (�नधा�रणवष� / Assessment Year: (2010-11) (Virtual Court Hearing) M/s.Sharda Industries, Vs. The DCIT, Bharuch Circle, 6908/09/10, GIDC Industrial Estate, Bharuch. Ankleshwar. �थायीलेखासं./जीआइआरसं./PAN/GIR No.: AAGFS 9791 L (Assessee) (Respondent) Assessee by : Shri Mehul K. Patel - AR Respondent by : Smt. Anupama Singla – Sr. DR सुनवाईक�तार�ख/ Date of Hearing : 12/01/2021 घोषणाक�तार�ख/Date of Pronouncement : 12/01/2021 आदेश / O R D E R PER DR. A. L. SAINI, ACCOUNTANT MEMBER:

At the outset itself, we note that the assessee has moved an application through email for withdrawal of appeal on the ground that the assessee has already filed application under “Direct Tax Vivad Se Vishwas Act, 2020” and FORM-3 is awaited. Shri Mehul K.Patel, Ld Counsel for assessee prayed for withdrawal of the appeal to which, the learned Departmental Representative did not raise any objection.

We have heard both the parties and gone through the email application dated 11.01.2021 and noted that assessee has opted the benefit of Vivad Se Vishwas Scheme and Ld Counsel stated that Form No.3 would be received within a short period of time. The Ld.Sr.DR for the Revenue did not have any objection if the said appeal is withdrawn by the assessee. Consequently, we treat this appeal as withdrawn.

In the result, the appeal of the assessee (in AY.2010-11) is dismissed as withdrawn.

Order is pronounced on 12/01/2021, as per Rule 34 of Income Tax Appellate Tribunal, Rule 1963.

M/S. SHARDA INDUSTRIES,ANKLESHWAR vs. THE DEPUTY COMMISSIONER OF INCOME TAX, BHARUCH CIRCLE, BHARUCH

What did the Tribunal hold?

What were the facts?

What were the issues?

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