M/S. JAY SHIVA EARTHMOVERS & CONSTRUCTION PVT. LTD.,NEW DELHI vs. ITO, NEW DELHI

Before us, the assessee has moved an application dated 23/12/2020 where in it is submitted that the assessee is interested to resolve the pending issue through Direct Tax “ Vivad se Vishwash Scheme” (VSV) Act, 2020, and has filed application under the Vivad se Vishwash Scheme with Direct Tax Vivad se Vishwas Act, 2020 and filed Form I & 2 dated 03.12.2020. Thus, the Ld. AR submitted that the assessee wish to withdraw the present appeal.

In view of the aforesaid facts and after considering the submissions of the assessee, we dismiss the appeal of assessee as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid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 assessee shall be at liberty to approach the Tribunal for reinstitution of the appeal and the Tribunal shall consider directions the appeal of the assessee is dismissed as withdrawn.

In the result, appeal of the assessee is dismissed.

Order is pronounced in the open court in presence of both the parties on 06th January, 2021.