INCOME TAX OFFICER-1(3)(3), MUMBAI vs. TERRAIN PROPERTIES PRIVATE LIMITED, MUMBAI

The above cross appeals have been preferred by assessee and Revenue against the order dated 28.04.2017 of the (Assessee’s appeal) 2. None has appeared on behalf of the assessee. However, the assessee filed a letter dated 03.02.2021 requesting the Bench to allow the assessee to voluntarily withdraw the appeal as the assessee has gone into Vivad Se Vishwas Scheme and form No.3 has already been issued.

The Ld. D.R. fairly conceded to the fact that form 3 has been issued to the assessee and it may be decided accordingly.

Considering the above facts, we are inclined to dismiss the appeal of the assessee. (Revenue’s appeal) 5. Since the assessee’s appeal has been dismissed as withdrawn the Revenue’s appeal has become infructuous.

In the result, the appeals of the assessee as well as of the Revenue are dismissed.