What did the Tribunal hold?

The Tribunal accepted the assessee's request to withdraw the appeal. The withdrawal is subject to the condition that if the dispute is not resolved under the 'Vivad Se Vishwas Scheme', the assessee can seek reinstitution of the appeal.

The assessee filed an appeal against an order passed under section 143(3) of the Income-tax Act. The assessee subsequently opted for the 'Vivad Se Vishwas Scheme, 2020' to resolve the tax arrears for the assessment year.

What were the issues?

Whether the appeal can be withdrawn by the assessee due to opting for the 'Vivad Se Vishwas Scheme'.

M/S Technico Industies Ltd., New… vs DCIT | ITAT Delhi 2020

Income Tax Appellate Tribunal, DELHI BENCH ‘D’, NEW DELHI

For Appellant: CA यथ क ओर से /

Hearing: 24.08.2020Pronounced: 24.08.2020

आदेश आदेश PER SUSHMA CHOWLA, VP The present appeal filed by assessee is against order of DCIT, Circle- 16(1), New Delhi dated 31.03.2015 relating to assessment year 2011-12 against the order passed under section 143(3) of the Income-tax Act, 1961 (in short ‘the Act’).

2 Assessment Year: 2011-12

The Ld. AR for the assessee has requested for withdrawal of the appeal

filed by the assessee and stated that the assessee has opted the dispute

relating to the tax arrears for the Assessment Year under consideration under “Vivad Se Vishwas Scheme, 2020”. An application to this effect has been filed

by assessee dated 22.08.2020 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 appeal.

In the result, the appeal of the assessee is dismissed as withdrawn.

Order pronounced in the open court on 24th August, 2020. (DR. B.R.R. KUMAR) (SUSHMA CHOWLA) लेखा सद"य/ACCOUNTANT MEMBER उपा"य" / VICE PRESIDENT लेखा सद"य लेखा सद"य लेखा सद"य "द"ल" / "दनांक Dated : 24th August, 2020 * Amit Kumar *

3 Assessment Year: 2011-12

आदेश क" ""त"ल"प अ"े"षत/Copy of the Order is forwarded to : 1. अपीलाथ" / The Appellant

""यथ" / The Respondent 3. आयकर आयु"त(अपील) / The CIT(A) 4. मु"य आयकर आयु"त / The Pr. CIT

"वभागीय ""त"न"ध, आयकर अपील"य अ"धकरण, "द"ल" / DR, ITAT, Delhi गाड" फाईल / Guard file. 6. आदेशानुसार/ BY ORDER,

स"या"पत ""त //// सहायक रिज""ार, आयकर अपील"य अ"धकरण ,"द"ल"

M/S TECHNICO INDUSTIES LTD.,NEW DELHI vs. DCIT, NEW DELHI

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

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