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Income Tax Appellate Tribunal, CIRCUIT BENCH, VARANASI
Before: SHRI.VIJAY PAL RAO & SHRI RAMIT KOCHAR
O R D E R
PER VIJAY PAL RAO, JM
This appeal by the assessee is directed against the order dated 19.6.2019 of CIT(A), Gorakhpur for the assessment years 2015-16.
None has appeared on behalf of the assessee. The assessee has filed an application dated 27th September, 2021 for seeking permission to withdraw the present appeal in view of the settlement of the dispute under Vivad Se Vishwas Scheme, 2020. The assessee has filed Form No. 3 to show that the balance amount of tax as determined by the designated authority while issuing Form No. 3 on 26.12.2020 is refund of Rs. 11,22,064/-. 3. The learned DR has raised no objection if the present appeal of the assessee is dismissed as withdrawn. 4. Having considered the application of the assessee and careful perusal of the Form No. 3 issued by the designated authority on 26.12.2020, we find that the assessee has opted for Vivad Se Vishwas Scheme, 2020 to settle its tax disputes for the year under consideration. The designated authority while issuing Form No. 3 has determined the tax liability of the assessee as nil and there is a refund of Rs. 11,22,064/-. When there is no tax demand arising out of Form No. 3 and there is a refund as determined by the designated authority therefore, the application of the assessee for seeking withdrawal is allowed and consequently the appeal of the assessee is dismissed being withdrawn as the dispute has been settled under Vivad Se Vishwas Scheme, 2020.
In the result, the appeal of the assessee is dismissed as withdrawn pursuant to the settlement of disputes under Vivad Se Vishwas Scheme, 2020. Order was pronounced in the open court after a conclusion of hearing on 25.03.2022. The written order is signed on the date as given below.