What did the Tribunal hold?

The Tribunal accepted the assessee's request for withdrawal of the appeal. The appeal was dismissed as withdrawn based on the assessee's settlement under the Vivad Se Vishwas Scheme.

The assessee requested to withdraw its appeal before the ITAT. This was due to the assessee opting to settle the tax dispute under the 'Vivad Se Vishwas Scheme, 2020'. A certificate under the scheme was also provided.

What were the issues?

Whether an appeal can be withdrawn by the assessee if they have opted for settlement under the Vivad Se Vishwas Scheme.

Teradata Operations Inc., United… vs DCIT | ITAT Delhi 2021

Income Tax Appellate Tribunal, DELHI BENCH: ‘A’ NEW DELHI

Before: SHRI G.S. PANNU & SHRI AMIT SHUKLA

Hearing: 28.05.2021Pronounced: 28.05.2021

This appeal by the assessee for the assessment year 2016-17 is directed against the final Assessment Order dated 01.07.2019 passed in pursuance to the direction of Dispute Resolution Panel (DRP), dated 12.06.2019.

The assessee, vide its letter dated 10.05.2021 received through email, has requested for withdrawal of the appeal and stated that the assessee has opted to settle the dispute relating to the tax arrears for the assessment year under consideration under the “Vivad Se Vishwas Scheme, 2020”. A certificate to this effect under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020 has also been filed.

Learned Senior DR has no objection.

In view of the above, we accept the request of the assessee for withdrawal of the appeal.

In the result, the appeal of the assessee is dismissed as withdrawn.

Above decision was announced on conclusion of Virtual Hearing in the presence of both the parties on 28th May, 2021.

TERADATA OPERATIONS INC.,UNITED STATES vs. DCIT, CIRCLE- 3(1)(1), INTERNATIONAL TAXATION, NEW DELHI

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