POLYCOM TECHNOLOGY ( R & D) CENTER P.LTD,HYDERABAD vs. ASST CIT CIR 7(3)(2), MUMBAI

O R D E R Per Saktijit Dey (JM),

This is an appeal by the assessee against assessment order dated 28-9-2018 passed u/s 143(3) r.w.s. 144C(13) and 254 of the Income-tax Act, 1961 for the assessment year 2009-10. 2. The learned Counsel for the assessee, at the outset, submitted that assessee has opted for settling the dispute arising in this appeal by filing application under the Direct Tax “Vivad se Vishwas Scheme, 2020”. In support, copies of Forms No.1 and 2 were submitted before us. On a suggestion from the Bench, the learned Counsel fairly accepted that the appeal may be dismissed as withdrawn, however, the assessee may be protected by granting liberty to seek restoration of the appeal if, due to some unforeseen reasons, the application filed under the “Vivad se Vishwas Act, 2020” is not accepted by the department.

4. Having heard the parties and considering the fact that the assessee has already applied for settling the dispute arising in the present appeal under the “Vivad se Vishwas Act, 2020”, we are inclined to dismiss this appeal as withdrawn. However, in the unlikely event of assessee’s application filed under the “Vivad se Vishwas Act, 2020” being not accepted by the department, liberty is granted to the assessee to seek recall of this order and restoration of the appeal.