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Income Tax Appellate Tribunal, NAGPUR BENCH
Before: SHRI R.S.SYAL & SHRI S.S.VISWANETHRA RAVI
आदेश / ORDER
PER R.S.SYAL, VP:
These two appeals by the assessee arise from the order passed by the CIT(A)-1, Nagpur on 13-01-2017 in relation to the assessment years 2010-11 & 2011-12.
Before us, the assessee has filed a letter dated Nil seeking withdrawal of the appeals. The relevant content of such letter reads as under :
“Appellant has filed an appeal for AY 2010-11 on 27-03-2018 vide reference No. ITA 68/Nag/2018 and for AY 2011-12 on 05-04-2018 vide reference No. ITA 69/Nag/2018. Appellant has enrolled into Vivad Se Vishwas Scheme which has been accepted and now therefore appellant wishes to withdraw appeal before your honour. Appellant requests your honour to kindly allow withdrawal of appeal.”
The appellant has placed on record the requisite application Form No.3 filed under Vivad Se Vishwas Scheme. The ld. DR did not raise any objection to the withdrawal of the appeals, but prayed for restoration of the appeals in the event of failure of the assesee to pay the outstanding taxes. As such, the assessee is permitted to withdraw the appeals. However, if later on, it is found that the petition for VSVT did not get accepted due to any reason, the assessee will be at liberty to move application for restoration of the appeals.
In the result, the appeals are dismissed as ‘withdrawn’.
Order pronounced in the Open Court on 26th July, 2023.