AUGUST FITNESS CARE P.LTD,NEW DELHI vs. ACIT, CPC-TDS, GHAZIABAD

The Ld. AR for the assessee has requested for withdrawal of the appeals filed by the assessee and stated that the assessee has opted the dispute relating to the tax arrears for the Assessment Years under consideration under “Vivad Se Vishwas Scheme, 2020”. An application to this effect has been filed by assessee dated 28.08.2020 alongwith copy of Form No.(1) i.e. form for filing declaration under “The Direct Tax Vivad Se Vishwas Act, 2020”.

The Ld. DR for the Revenue has no objection to the same.

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 afore-stated 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 Ld.DR for the Revenue has no objection with regard to the aforesaid caveat.

In view of the above, we accept the request of the assessee for withdrawal of the appeals and the appeals are dismissed.

In the result, the appeals of the assessee are dismissed as withdrawn.