SHRI KAILASH CHAND YADAV,JAIPUR vs. INCOME TAX OFFICER, WARD-6-5, JAIPUR

The ld. Counsel for the assessee furnished application for withdrawal of this appeal. The contention in the said application reads as under:-

“Hon'ble Sir, The assessee is in appeal before your honor and the said appeal is pending for disposal. It is submitted that the Hon'ble Finance Minister in her budget speech of 2020 announced a dispute resolution scheme Vivad Se Vishwas. The scheme was formulated into The Direct Tax Vivad Se Vishwas Act, 2020 (DTVSV) on 17th March, 2020. The Act provides that any assessee whose appeal was pending as on 31st January, 2020 can settle his dispute by filing a declaration u/s 4(1) of DTVSV in Form-1 and Form-2. The above mentioned appeal is a quantum appeal. The appeal was pending as on 31st January, 2020, and the same has not been decided till date, therefore, the assessee is eligible for opting the scheme. On 24-12-2020, the assessee filed declaration in Form-1 and Form-2 before the Designated Authority. On 29-01-2021, the assessee received Form-3 i.e. Form for Certificate u/s 5(1) of DTVSV from Designated Authority. Section 4(2) of DTVSV, provides that where declaration has been filed by the assessee the appeal shall be deemed to be withdrawn from the date on which Certificate u/s 5(1) of DTVSV is issued by the Designated Authority. Hence, in the present case, the appeal of the assessee stands withdrawn on 29-01-2021.

Therefore, in view of the fact that the assessee has already approached the department to settle the matter under “Vivad Se Vishwas Scheme”, we permit the assessee to withdraw this appeal.

In the result, this appeal of the assessee is dismissed as withdrawn.