CHANDANA MAI,ASANSOL vs. I.T.O.,WARD-2(2), ASANSOL

At the outset, the Ld. Counsel for the assessee Shri U. Dasgupta brought to our notice that the assessee has opted for the Direct Tax Vivad Se Viswas Scheme, 2020 (hereinafter, the ‘scheme’). According to the counsel, the assessee has filed declaration in Form 1 and 2 before the competent authority and is awaiting Form 3 from the competent authority. In the light of the aforesaid fact since the assessee intends to opt and has already taken steps as per the scheme of Direct Tax Vivad Se Viswas Scheme, 2020, there is no point keeping the impugned appeals pending.

In the light of the aforesaid discussion, we treat this submission informing us the fact that assessee has opted for the scheme by filing Form-1 & Form-2, we allow the assessee to withdraw the impugned appeals. In case, if the competent authority as & 310/Kol/2020 Chandana Mai A.Y. 2011-12 per the scheme does not accept the assessee’s action of filing Form 1 and 2 of the Vivad Se Viswas Scheme, 2020, then the assessee is at liberty to move applications for recalling these orders for both appeals. With the aforesaid caveat, we allow the assessee to withdraw the captioned appeals.

Needless to say that our aforesaid action allowing the assessee to withdraw the appeals, will not preclude the competent authority of Revenue to accept the assessee’s said option / scheme for availing “Vivad Se Viswas Scheme, 2020”.

In the result, appeals of the assessee are dismissed as withdrawn.