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Income Tax Appellate Tribunal, “C”
Before: SHRI J. SUDHAKAR REDDY, AM & MS. MADHUMITA ROY, JM
Appellant by : Ms. Aanchal Gupta, AR Respondent by : Shri Supriyo Paul, Addl. CIT सुनवाईक"तार"ख/ Date of Hearing : 17/11/2020 घोषणाक"तार"ख/Date of Pronouncement : 20/11/2020 आदेश / O R D E R Per Ms. Madhumita Roy: The instant appeal filed by the Assessee is directed by the order dated 06.09.2018 passed by the Commissioner of Income Tax (Appeals)-2, Kolkata arising out of the order dated 06.05.2016 passed by the ITO, Ward-6(3), Kolkata u/s 143(3)/147 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for the assessment years 2009-10.
In this case at the very outset, the Ld. AR of the assessee submitted before us a written petition seeking that the assessee has filed an application under the Scheme of “The Direct Tax Vivad Se Vishwas Scheme-2020”, but yet to receive Form-3 from the Ld. CIT. In this context, the Ld. AR further submitted that the assessee herein may be permitted to withdraw this appeal with the condition/clause that if the application under the Scheme-“The Direct Tax Vivad Se Vishwas Scheme-2020” is not accepted by the Department in such scenario, the assessee may be allowed to restore this appeal. The Ld. DR did not object to the said prayer of the assessee.
Overseas Tracom Pvt. Ltd. Assessment Year: 2009-10
We have heard both the parties and perused the relevant records. We direct the assessee to withdraw this appeal, provided that in case the department does not accept the application of the assessee under the scheme, namely “The Direct Tax Vivad Se Vishwas Scheme-2020”, then the assessee will be allowed to restore this appeal. We order accordingly.
In the result, the appeal of assessee is dismissed as withdrawn.