ACIT, CIRCLE- 11(2), NEW DELHI vs. HYPER QUALITY INDIA PVT. LTD., GURGAON

The learned counsel for the assessee, at the outset, stated that the assessee has settled the matter under the “Vivad Se Vishwas Scheme, 2020”. He, therefore, seeks permission to treat the appeal as deemed to be withdrawn under the provisions of Direct Tax Vivad Se Vishwas Act, 2020. The assessee has also filed a copy of Form No. 3 issued by the respective Principal Commissioner of Income Tax, which is placed on file.

We have heard learned Representative of both the parties through Video Conferencing and have perused Form No. 3 issued by Income-tax Department with reference to present appeal. For ready reference, Section 4(2) of the Direct Tax Vivad Se Vishwas Act (supra) reads as under: “4. (1) …………………………… , (2) Upon the filing the declaration, any appeal pending before the Income-tax Appellate Tribunal or Commissioner (Appeals), in respect of the disputed income or disputed interest or disputed penalty or disputed fee and tax arrear shall be deemed to have been withdrawn from the date on which certificate under sub- section (1) of section 5 is issued by the designated authority.” 4. In view of the above, as the Form No. 3 has been issued in the case of the assessee, the appeal of the Revenue is deemed to be withdrawn. Hence, the appeal is dismissed as withdrawn. 5. Apropos the Appeal of the assessee, since the appeal of the Revenue is dismissed under the provision of Direct Tax Vivad Se Vishwas Act, 2020, the purpose of Cross Appeal of 3 I.T.As. No.4521 & 4701/DEL/2017 the Assessee has become infructuous, accordingly the same is dismissed as such.

In the result, the appeals by the Revenue as well as by the Assessee are dismissed. Order pronounced in the Open Court on 10th February, 2021