AL GHURAIR CONSTRUCTION FOUNDATIONS INDIA P.LTD,MUMBAI vs. DCI 12(1)(1), MUMBAI

During the course of hearing, we find that the assessee has filed a letter dated 16th February 2021, before the Registry of the Tribunal seeking withdrawal of the appeal in view of the fact that the has applied for settling the tax dispute under the Vivad Se Vishwas Tax Scheme, 2020. The letter submitted by the assessee is accompanied by the acknowledgement in Form–I and II of the declaration filed under the aforesaid scheme. The aforesaid letter and the declarations are kept on record.

The learned Departmental Representative has no objection for withdrawal of the appeal by the assessee.

Heard the learned Counsels for both the parties and perused material on record. Considering the fact that the assessee has sought withdrawal of the present appeal, as it has applied for settling the dispute under Vivad Se Vishwas Scheme, 2020, we permit the assessee to withdraw the appeal at this stage. However, liberty is granted to the assessee to seek restoration of this appeal in the event the application filed under Vivad Se Vishwas Tax Scheme is not accepted by the Department. It is further made clear that in such eventuality if the assessee seeks restoration of the present appeal by filing misc. application, the delay, if any, should be condoned without insisting upon filing any application for condonation of delay. This is in 3 Al Ghurair Construction Foundations India Pvt. Ltd.