JAGANNATH SUPPLIERS PVT. LTD,GUWAHATI vs. INCOME TAX OFFICER WARD- 3(2), GUWAHATI

In this case, Shri Ashok Kumar Agarwalla, Director of the assessee- Company has moved an application seeking withdrawal of the appeal filed by the assessee on the ground that it has opted to settle the dispute involved in the said appeal under the Direct Tax Vivad Se Vishwas Act, 2020. It is also stated in the application that the required declaration in the prescribed Form 1 and Form 2 has been filed by the assessee and the Designated Authority has also issued the certificate in Form No. 3, a copy of which is enclosed with the application. Assessment Year: 2009-2010 Jagannath Suppliers Pvt. Limited, Guwahati

The Direct Tax Vivad Se Vishwas Act, 2020 has introduced a Dispute Resolution Scheme, which is applicable to all appeals/petitions filed by the tax-payers or Income Tax Department, which were pending until 31st January, 2020 before any Appellate Forum including the Income Tax Appellate Tribunal. The procedure to avail the said Scheme is prescribed as under:- (i) Filing of declaration in Form 1 and Form 2 Declaration under section 4(1) of the Scheme shall be made in Form 1 consisting of the details regarding the appeal to be settled. Undertaking to be furnished by the declarant in Form 2 concerning the waiving of his right to seek or pursue any remedy under any law is to be accompanied along with Form 1.

The Designated Authority within 15 days from the receipt of the declaration in Form 1 and Form 2 will issue a certificate in Form 3 under section 5(1) of the Scheme determining the amount payable under the Scheme.

As already noted, the assessee has duly filed the declarations in Form 1 and Form 2 and the Designated Authority has also issued the certificate in Form 3 as per section 5(1) of the Scheme determining the tax payable by the assessee under the Scheme. On receipt of the said Assessment Year: 2009-2010 Jagannath Suppliers Pvt. Limited, Guwahati certificate in Form 3, the assessee is now seeking to withdraw this appeal as required under the Scheme and keeping in view that the assessee has duly complied with the necessary requirements under the Scheme, we permit the withdrawal of this appeal filed by the assessee and dismiss the same as withdrawn.

In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open Court on August 14, 2020.