What did the Tribunal hold?

The Tribunal allowed the assessee's application to withdraw the appeal. The appeal was dismissed as withdrawn with liberty to seek recall of the order if unforeseen circumstances arise.

The assessee filed an appeal against an order of the CIT(A). The assessee later filed an application to withdraw the appeal, having availed the Vivad se Vishwas scheme.

What were the issues?

Whether the assessee can withdraw their appeal after opting for the Vivad se Vishwas scheme.

The Dist. Co- Operative Central… vs The Dy, CIT, Srikakulam | ITAT Visakhapatnam 2021

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI N.K. CHOUDHRY, HON’BLE & SHRI D.S. SUNDER SINGH, HONBLE

For Appellant: Shri G.V.N. Hari, Advocate

For Respondent: Smt. Suman Malik, Sr.DR

Hearing: 18/03/2021

O R D E R Per N.K. Choudhry, Judicial Member:

This appeal has been preferred by the assessee against the order dated 13/03/2017 impugned herein passed by the ld.CIT(A)-2, Guntur u/sec. 250(6) of the Income Tax Act, 1961 (hereinafter referred to as the "Act") for the A.Y. 2013-14.

The assessee has preferred an application under consideration dated 26/02/2021 for withdrawal of the appeal.

During the course of hearing, ld. counsel for the assessee has submitted that since assessee has availed the immunity

2 (M/s. The District Co-operative Bank Ltd.) scheme i.e. Vivad Se Vishwas under the Direct Tax Vivad se Vishwas Act, 2020 and the Income Tax Department has issued Form No.3, dated 17/02/2021 in response to the application filed by the assessee under the scheme, therefore appeal of the assessee may be allowed to be dismissed as withdrawn with liberty to seek recall of the order in case any unforeseen circumstances would arise in future.

The Ld. DR raised no objection, if the appeal of the assessee is allowed to be dismissed as withdrawn.

Having heard both the parties and perused the application for withdrawal of the appeal and Form No.3 (Copy already on record) issued by the Department. Considering the facts and circumstances of the case, the appeal of assessee is liable to be dismissed as withdrawn with liberty to seek recall of the order as prayed for in accordance with law, hence ordered accordingly.

In the result, appeal of the assessee stands dismissed as withdrawn. Order Pronounced in open Court on this 18th day of March, 2021.

THE DIST. CO- OPERATIVE CENTRAL BANK LIMITED,SRIKAKULAM vs. THE DY, CIT, SRIKAKULAM

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What were the facts?

What were the issues?

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