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 The appeal was dismissed as withdrawn with liberty to seek recall of the order if unforeseen circumstances arise.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 before the ITAT for the Assessment Year 2015-16. Subsequently, the assessee filed an application to withdraw the appeal.

What were the issues?

The primary issue was whether the assessee's appeal could be dismissed as withdrawn due to availing the Vivad se Vishwas scheme.

Diehard Dies Private Limited… vs ACIT | 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: Shri D.K. Sonawal, CIT DR

Hearing: 02/03/2021

Assessee by : Shri G.V.N. Hari, Advocate. Department by : Shri D.K. Sonawal, CIT DR Date of hearing : 02/03/2021. Date of pronouncement : 02/03/2021. O R D E R Per N.K. Choudhry, Judicial Member:

This appeal has been preferred by the assessee against the order dated 07/06/2019 impugned herein passed by the ld.CIT(A)-1, Guntur u/sec. 250(6) of the Income Tax Act, 1961 (hereinafter referred to as the "Act") for the A.Y. 2015-16.

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

(M/s. Diehard Dies Pvt. 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 29/01/2021 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application filed by the assessee under the scheme, therefore appeal of the assessee may be allowed to be dismissed as withdrawn with liberty to seek recall of the order in case any unforeseen circumstances would arise in future.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 DR raised no objection, if the appeal of the assessee is allowed to be dismissed as withdrawn.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 Considering the facts and circumstances of the case, the appeal of assessee is liable to be dismissed as withdrawn with liberty to seek recall of the order as prayed for in accordance with law, hence ordered accordingly.

In the result, appeal of the assessee stands dismissed as withdrawn.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 02nd day of March, 2021.

DIEHARD DIES PRIVATE LIMITED,GUNTUR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1), GUNTUR

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