What did the Tribunal hold?

The Tribunal noted that the issue involved in the appeal stood settled under the Vivad Se Vishwas Scheme. The assessee requested to withdraw the appeal, and the Revenue had no objection.

The assessee filed an appeal before the ITAT for AY 2015-16. Subsequently, the assessee filed a declaration under the Direct Tax Vivad Se Vishwas Act, 2020, which was accepted.

What were the issues?

Whether the appeal can be withdrawn by the assessee in light of the settlement under the Vivad Se Vishwas Act, 2020.

Nandikurali Vyavasaya Seva… vs ITO | ITAT Panaji 2022

Income Tax Appellate Tribunal, “SMC” BENCH, PANAJI

Before: SHRI PARTHA SARATHI CHAUDHURY, JM

For Respondent: Shri N. Shrikanth (through virtual)

Date of Hearing : 14-11-2022 16-11-2022 Date of Pronouncement : ORDER This appeal preferred by the assessee emanates from the order of the ld. CIT(A) Belgaum dated 28-02-2019 for assessment year 2015-16 as per the grounds of appeal on record. Before me, the assessee filed a letter dt. 29th October 2022 stating as under: 2. “Sub: Withdrawal of appeal in view of provisions of DTVSV Act 2020 With reference to the above subject, we wish to state that, we have filed an appeal before the Hon’ble ITAT, Panaji Bench, Panaji on 16-05-2019 and has been allotted appeal No. as We are eligible assessee under Direct Tax Vivad Se Vishwas Act, 2020 and accordingly we have e-filed the declaration under the DTVSV scheme, 2020 in form 1 and form 2 on 30-01-2021. The same is accepted by Hon’ble Pr. CIT, Hubli vide order in form 3 bearing Ack. No. 265967220160221 dt. 16-02-2021 (copy enclosed). We therefore, request your honour to kindly consider this submission for withdrawal of appeal in view of provisions of DTVSV Act, 2020.”

3. In view of the above, the issue involved in this appeal stands settled under the Vivad Se Vishwas Scheme, 2020. The assessee also filed copy of Form No.3 issued by the Pr. Commissioner of Income Tax, Hubli.

ITA 185/PAN/2019 Nandikurali Vyavaseva Seva Sahakari Sangh Niyamit .AY. 2015-16 4. The ld. DR raised no objection regarding the assessee wishing to withdraw the appeal.

In view of the request made by the assessee, I permit the assessee to withdraw the appeal.

In the result, the appeal of the assessee is dismissed as withdrawn.

Order pronounced in the open court on 16th November, 2022.

NANDIKURALI VYAVASAYA SEVA SAHAKARI SANGH NIYAMIT,BELGAVI vs. INCOME TAX OFFICER, WARD - 1(4), BELGAVI

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