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Income Tax Appellate Tribunal, DELHI BENCH ‘SMC-2’, NEW DELHI
Before: SH. BHAVNESH SAINI & SH. ANIL CHATURVEDI
ORDER
PER ANIL CHATURVEDI, AM:
This appeal filed by the assessee is directed against the order dated 31.12.2018 of the Commissioner of Income Tax (A)-I, Noida relating to Assessment Year 2010-11.
Before us, assessee has moved an application dated 20.11.2020 wherein the assessee has stated that it has opted for Vivad Se Vishwas (VSV) 2020 Scheme and has filed the declaration (Form-1) and undertaking (Form-2) and Form-3 has been generated by the Department. The assessee has requested to allow the withdrawal of appeal. Learned DR has no objection to allow withdrawing the appeal.
After considering the request made by the assessee, we dismiss the appeal of assessee as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid Act, the assessee shall be at liberty to approach the Tribunal for reinstitution of the appeal and the Tribunal shall consider such application appropriately as per law. With these directions the appeal of the assessee is dismissed as withdrawn.
In the result, appeal of the assessee is dismissed. 4. Order pronounced in the open court on 23.12.2020