M/S SHYAMLAL IRON & STEEL CO.,KOLKATA vs. ACIT, CIR-40, KOLKATA, KOLKATA

This appeal preferred by the assessee is against the order of Ld. CIT(A)-13, Kolkata dated 26.06.2019 for Assessment year 2009-10.

At the outset, the Ld. Counsel for the assessee Shri Taraknath Jaiswal brought to my notice that the assessee had opted for Direct Tax Vivad Se Vishwas Scheme, 2020 (hereinafter, the ‘scheme’) and had filed Form-1 & Form-2 before the Competent Authority and is awaiting the issue of Form No. 3 from the Competent Authority. Therefore, taking into consideration the fact that since the assessee has opted for the Scheme for the AY 2009-10, there is no point in keeping the impugned appeal pending.

In the light of the aforesaid discussion, we treat this submission of the assessee informing the Tribunal the fact that assessee has opted for the said scheme, therefore, we allow the assessee to withdraw the impugned appeal. In case, if the competent authority as per the scheme does not accept the assessee’s proposal to opt for the Vivad Se Vishwas Scheme, 2020, then the assessee is at liberty to move an M/s Shyamlal Iron & Steel Co. A.Y. 2009-10 application for recalling this order. With the aforesaid caveat, I allow the assessee to withdraw the captioned appeal.

Needless to say that my 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, 2020”.

In the result, the appeal of assessee is dismissed as withdrawn.