SHASHADHAR COLD STORAGE PVT. LTD.,GHATAL vs. A.C.I.T.,CIRCLE-38, MIDNAPORE

This is an appeal preferred by the assessee against the order of Ld. CIT(A)- 11, Kolkata dated 30.08.2019 for Assessment year 2012-13.

At the outset, we note that the assessee vide letter dated 10.03.2021 has informed us that it has already opted for Direct Tax Vivad Se Vishwas Scheme, 2021 (hereinafter, the ‘scheme’) and intends to withdraw the appeal we note that the assessee has filed form No. 1 and Form No. 2 before the competent authority. Therefore, there is no point in keeping the assessee’s appeal pending. However, in case for any reason, the competent authority under the scheme does not accept the proposal of the assessee under the scheme, then the assessee can move an application for restoration of appeal. With the aforesaid caveat, we allow the assessee to withdraw the captioned appeal.

Needless to say that our aforesaid action allowing the assessee to withdraw the appeal, will not come in the way of the competent authority of Revenue to accept the assssee’s said option/scheme for availing “Vivad Se Vishwas Scheme, 2021”.