THE THANE DISTRICT CENTRAL CO. OP. BANK LTD,THANE vs. DCIT CIR 3, THANE

The Thane District Central Co-op Bank Ltd., For the sake of convenience, we are reproducing the contents of the said Application as under:- “The above captioned appeal is fixed for hearing before your honours today, and I have been engaged to appear in the said appeal. The Appellant has filed for amnesty under the Vivad se Vishwas Scheme. have been instructed by the assessee to withdraw the Appeal. In view of the above the matter may be decided accordingly.” 3. Ld. DR has not raised any objection.

We have heard both the parties and perused the records, especially the Application for withdrawal of the Appeal. We find that assessee had preferred application under ‘Vivad se Vishwas Scheme-2020’ to settle its tax dispute for the impugned assessment year. Hence, there is no point in keeping this appeal pending in view of the decision of the Hon’ble Madras High Court in the case of Nannusamy Mohan (HUF) vs. ACIT in T.C.A. No.372 of 2020 dated 16.10.2020. Accordingly, we treat this appeal of the assessee as withdrawn giving liberty to the assessee that in case if the declaration filed by it under ‘Vivad Se Viswas Scheme-2020’ does not attain logical conclusion for any reason whatsoever, then this appeal shall get restored to its original form based on the application preferred by the assessee in this regard. With aforesaid observations, this appeal of the assessee is dismissed as withdrawn.

In the result, the appeal of the Assessee is dismissed as withdrawn.