M/s Mahaketu Promotors & Developers - Form No. 3 has been issued in the case of the assessee

This Income Tax Appellate Tribunal case involves an appeal by the Revenue against M/s Mahaketu Promotors & Developers for the assessment year 2007-08. The assessee informed the tribunal that the matter had been settled under the Vivad Se Vishwas Scheme, 2020, and presented Form No. 3 as proof. Consequently, the tribunal deemed the appeal withdrawn as per the provisions of the Direct Tax Vivad Se Vishwas Act, 2020, and dismissed the appeal.

IN THE INCOME TAX APPELLATE TRIBUNAL,
DELHI BENCH: ‘E’ NEW DELHI
BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER
AND
SHRI O.P. KANT, ACCOUNTANT MEMBER
[Through Video Conferencing]

ITA No.305/Del./2017
Assessment Year: 2007-08

ACIT,
Central Circle-25,
New Delhi
PAN :AAECM8422F
(Appellant) 

Vs. 

M/s. Mahaketu Promotors &
Developers P. Ltd.,
LGF-10, Vasant Square Mall,
Plot-A, Sector-B, Pocket-V,
Vasant Kunj,
New Delhi
(Respondent)

ORDER

PER O.P. KANT, AM:

This appeal by the Revenue is directed against order dated 27.10.2016 passed by learned Commissioner of Income Tax (Appeals)-29, New Delhi, pertaining to assessment year 2007-08.

2. The learned counsel for the assessee, at the outset, stated that the assessee has settled the matter under the “Vivad SeVishwas Scheme, 2020”. He, therefore, seeks permission to treat the appeal as deemed to be withdrawn under the provisions of Direct Tax Vivad Se Vishwas Act, 2020. The assessee has also filed a copy of Form No. 3 issued by the respective Principal Commissioner of Income Tax, which is placed on file.

3. We have heard learned Representative of both the parties through Video Conferencing and have perused Form No. 3 issuedby Income-tax Department with reference to present appeal. For ready reference, Section 4(2) of the Direct Tax Vivad Se Vishwas Act (supra) reads as under:

“4. (1) ……………………….
(2) Upon the filing the declaration, any appeal pending before the Income-tax Appellate Tribunal or Commissioner (Appeals), in respect of the disputed income or disputed interest or disputed penalty or disputed fee and tax arrear shall be deemed to have beenwithdrawn from the date on which certificate under sub-section (1) of section 5 is issued by the designated authority.”

4. In view of the above, as the Form No. 3 has been issued in the case of the assessee, the appeal of the Revenue is deemed to be withdrawn. Hence, the appeal is dismissed as withdrawn.

Order pronounced in the open court.

 Sd/-                                              Sd/-
(BHAVNESH SAINI)                     (O.P. KANT)
JUDICIAL MEMBER                     ACCOUNTANT MEMBER
Dated: 3rd February, 2021.
RK/-(D.T.D.S.)

Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(A)
5. DR
 
Asst. Registrar, ITAT, New Delhi