SHRI SHRI RAJENDRA PRASAD TIWARI,RAIPUR (CG) vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX-1, RAIPUR (CG)

The present appeal filed by the assessee is directed against the order passed by the Pr. Commissioner of Income Tax-1, Raipur (for short ‘Pr. CIT) u/s.263(1) of the Income-tax Act, 1961 (for short ‘the Act’) dated 31.03.2017, which in turn arises from the order passed by the A.O under Sec. 143(3) of the Act, dated 26.03.2015 for assessment year 2012-13.

The assessee has filed a letter dated Nil received on 16.03.2022, wherein it is stated that in order to settle the aforesaid appeal pending before the Tribunal an application has been filed under the Direct Tax Vivad se Vishwas Act, 2020. During the course of hearing of the appeal, it was stated by the Ld. Authorized Representative (in short ‘AR') for the assessee that “Form 5” have been issued by the designated authority. Backed by the aforesaid facts it is requested that the captioned appeal may be allowed to be withdrawn.

The ld. D.R did not controvert the aforesaid factual position as had been stated before us.

In view of the above we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the 3 Shri Rajendra Prasad Tiwari Vs. Pr. CIT-1 ITA No. 70/RPR/2017 Vivad se Vishwas scheme, then, the appellant shall have liberty to approach the Tribunal for restoration of its appeal.

Resultantly, the appeal is dismissed as withdrawn subject to the observation recorded hereinabove. Order pronounced in open court on 30th day of March 2022.