HANS RAJ ,PALWAL vs. INCOME TAX OFFICE WARD 1(3), FARIDABAD
What did the Tribunal hold?
The Tribunal accepted the assessee's request for withdrawal of the appeal. It was clarified that if the dispute is not resolved under the scheme, the assessee can approach the Tribunal for re-institution of the appeal.
What were the facts?
The assessee filed an appeal against an order dated 31.07.2019, which arose from an assessment order dated 27.12.2017. During the hearing, the assessee requested to withdraw the appeal as they had opted to settle tax arrears under the 'Vivad Se Vishwas Scheme, 2024'.
What were the issues?
Whether the appeal can be withdrawn by the assessee due to opting for the 'Vivad Se Vishwas Scheme, 2024' for settlement of tax arrears.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: ‘B’ NEW DELHI
Before: SHRI S RIFAUR RAHMAN & SHRI VIMAL KUMAR
ORDER
PER VIMAL KUMAR, JUDICIAL MEMBER:
The appeal by the assessee is against order dated 31.07.2019 of the learned Commissioner of Income Tax (Appeals)/National Faceless Assessment Centre (NFAC), Faridabad under Section 250 of the Income Tax Act, 1961 (hereinafter referred as “the Act”) arising out of assessment order dated 27.12.2017 by the Income Tax Officer, Faridabad (hereinafter referred as “Ld. AO" ) under Section 143(3)/147 of the Act for assessment year 2010-11.
At the time of hearing, Learned Authorised Representative for the appellant/assessee requested for withdrawal of the appeal as the assessee has opted to settle the dispute relating to tax arrears for assessment year under consideration under the ‘Vivad Se Vishwas Scheme, 2024’. Copies of Form Nos. 1 & 2 were filed.
Learned DR did not object to the same.
In view of above, we accept the request of the assessee for withdrawal of the appeal. However, if the dispute relating to tax arrears is not ultimately resolved in terms of the ‘Vivad Se Vishwas Scheme, 2024’, the assessee shall be at liberty to approach the Tribunal for re-institution of the appeal and the Tribunal shall consider such application appropriately as per law.
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