DONGKUK STEEL INDIA PRIVATE LIMITED,GREATER NOIDA vs. NEAC, DELHI

PER RAMIT KOCHAR, AM:

This appeal in ITA No. 545/Del/2021, filed by the assessee for the Assessment Year 2016-17, has arisen from the assessment order dated
25.03.2021
in DIN
&
Order
No.
ITBA/AST/S/143(3)/2020-
21/1031767283(1) passed by the National e-Assessment Centre, Delhi, u/s 2
143(3) read with section 144C(13) read with sections 143(3A) & 143(3B) of the Income-tax Act, 1961 (“the Act”).
2. At the outset learned counsel appearing for the assessee submitted that for the impugned assessment year 2016-17 the assessee has opted
Direct Tax Vivad Se Vishwas Scheme, 2024, and has duly filed Declaration in Form No. 1 with the Department vide Acknowledgement No.
851156440300125 dated 30.01.2025. An application dated 18.03.2025 filed with the Tribunal on 19.03.2025 along with copy of Form 1 under the aforesaid scheme is also placed on record. Ld. Counsel submitted that Form no. 2 under the aforesaid scheme has not yet been issued by the Revenue. He prayed that in this view of the matter, the assessee may be permitted to withdraw its appeal in ITA No. 545/Del/2021 for the impugned assessment year 2016-17. 3. On being asked by the Bench, learned CIT(DR) submitted that the Department has no objection if the appeal of the assessee is allowed to be withdrawn.
4. After hearing both the parties and perusing the material on record, we hereby dismiss the appeal filed by the assessee in ITA No. 545/Del/2021
for assessment year 2016-17, being withdrawn by the assessee. Since it is 3
the assessee’s appeal and it is the assessee who is praying for dismissal of its own appeal as being withdrawn, we are dismissing this appeal filed by the assessee as being withdrawn. In case, if the department on perusal of the complete factum of the case records, came to the conclusion that the assessee is not eligible for scheme, the liberty is granted to the assessee to file application for restoration of its appeal. The order was pronounced in open court on the conclusion of hearing. We order accordingly.
5. In the result, appeal of the assessee in ITA no. 545/Del/2021 for assessment yea 2016-17 stands dismissed as being withdrawn.
Order pronounced in the open court on 20.03.2025. (YOGESH KUMAR US)
ACCOUNTANT MEMBER

Dated:20/03/2025. *MPV*