SHARDA EXPORTS,NEW DELHI vs. DCIT, CIRCLE- 2, MEERUT

The aforesaid appeal has been filed by the assessee against the impugned order dated 11.07.2018 passed by the Commissioner of Income Tax (Appeals), Meerut, for assessment year 2015-16.

At the time of hearing the assessee submitted that he has opted to settle the dispute involved in the impugned appeal under The Direct Taxes Vivaad Se Vishwas Scheme and has already filed Form Nos. 1 and 2. Therefore, the appeal of the assessee may be allowed to be withdrawn.

The ld. DR also agreed with the above contentions.

On careful consideration of the fact it is found that Form No. 3 has been issued to the assessee on 14th April, 2021, under The Direct Taxes Vivaad Se Vishwas Act, 2020. Therefore, the appeal of the assessee is allowed as withdrawn and hence dismissed.

However, the aforesaid is subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid Act, the appellant (i.e. the assessee) shall be at liberty to approach the Tribunal for reinstitution of the appeal and the Tribunal shall consider such application appropriately as per law. The respondent (i.e. the Revenue) has no objection with regard to the aforesaid caveat.

In the result, appeal of the assessee is dismissed. Order pronounced in the open court on : 31/01/2022.