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Income Tax Appellate Tribunal, ALLAHABAD BENCH ,ALLAHABAD
Before: SHRI.VIJAY PAL RAO & SHRI RAMIT KOCHAR
O R D E R
PER SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER:
This appeal, filed by assessee, being 11.04.2017 in Appeal No. 38/ITO/R-1(2)/Alld/08-09 passed by learned Commissioner of Income Tax (Appeals), Allahabad, U.P.(hereinafter called "the CIT(A)"), for assessment year(ay)2001-02, the appellate proceedings had arisen before learned CIT(A) from penalty order dated 28.02.2006 passed by learned Assessing Officer (hereinafter called "the AO") u/s 271(1)(c ) of the Income-tax Act, 1961 (hereinafter called "the Act") for ay: 2001-02. We have heard both the parties in an hearing conducted in Physical Court at Allahabad, U.P.. At the time of hearing before the Bench, the ld. Counsel for the assessee Mr.
Parveen Godbole, Chartered Accountant made statement before the Bench that that the assessee has approached Department to settle its outstanding tax liabilities/disputes pertaining to the appeal, in question, under “Vivad Se Viswas”
M/s Jagan Nath Madan Lal Assessment Year: 2001-02 Scheme 2020 ( hereinafter called VSVS, 2020) . The ld. Counsel for the assessee further stated before the Bench that the Department has approved application of the assessee under VSVS, 2020 and issued Form No.3 bearing acknowledgment number 279170830030321. The learned counsel for the assessee has also filed written letter dated 15.03.2021 along with copy of Form No. 3 issued by Department under VSVS, 2020 to the assessee and prayers are made by ld. Counsel for the assessee Mr. Parveen Godbole, CA to dismiss this appeal filed by the assessee on the grounds that the assessee wish to settle the litigation with department under the VSVS Scheme 2020 availed by the assessee. The said letter with enclosure is placed on record in file. The ld. DR did not object to dismissal of the appeal filed by the assessee on the grounds that the assessee is availing the VSVS scheme of the department to settle litigation/disputes with department.
Accordingly, in the facts and circumstances of the case, when the assessee has made the prayers for withdrawal of her appeal filed with the tribunal on the grounds that the assessee has availed Vivad Se Vishwas Scheme, 2020 and Revenue having confirmed the fact of the same as detailed above, the assessee is hereby allowed to withdraw his appeal in for ay: 2001-02 , and consequently the same is dismissed as being withdrawn. We order accordingly.
In the result, the appeal of the assessee is dismissed as withdrawn.
Order pronounced in the open Court on 15 /03/2021 at Allahabad, U.P.