Re: Withdrawal of department’s appeal

We’re in receipt of Form 3, wherein both, assessee’s and income-tax department’s appeals are being settled. In order to file Form 4, proof of withdrawal of appeal is required. We can withdraw our appeal pending at ITAT, how to attach proof of withdrawal of income-tax department’s appeal? Is is required to be settled by the assessee only?

Please  refer Circular No 9 of 2020 dated 22-4-2020 Q. No 43 . and answer  by the CBDT  wherein the CBDT clarified that  , where the assessee has made request for withdrawal   and such request is under process , proof of request made shall be enclosed . It is the designated  Authority has to issue the certificate .  Even for department appeal the assessee has to write to the ITAT giving proof of filling an application under Vsv Scheme .  The ITAT will pass an order dismissing the appeal of the revenue and treat the appeal as withdrawn . The querist may refer Bhimaas Engineering and Projects Pvt Ltd v. Dy.CIT ( 20210 430 ITR 500( Mad) (HC)   

 

---