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Facts
The assessee filed appeals against the order of the CIT(A) for Assessment Years 2015-16 & 2016-17. The assessee sought to withdraw the appeals as the issue was settled under the Vivad Se Vishwas Scheme, 2024.
Held
The Tribunal allowed the withdrawal of the appeals as the assessee had settled the issue under the Vivad Se Vishwas Scheme. Liberty was granted to revive the appeals if the VSVS application failed.
Key Issues
Whether the assessee can withdraw the appeal due to settlement under Vivad Se Vishwas Scheme?
Sections Cited
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Income Tax Appellate Tribunal, DELHI BENCH ‘B’: NEW DELHI
Before: SHRIS.RIFAUR RAHMAN & SHRI VIMAL KUMAR
PER S.RIFAUR RAHMAN, ACCOUNTANT MEMBER :
These appeals are filed by the assessee against the order of ld. Commissioner of Income-tax (Appeals)-27, New Delhi [hereinafter referred to as ‘ld. CIT (A)] dated 23.11.2024 for Assessment Years 2015-16 & 2016-17. 2. The Ld. AR for the assessee has submitted that since the assessee has settled the issue under Vivad Se Vishwas Scheme, 2024 (in short ‘VSVS’), hence, the Assessee wishes to withdraw the present appeals. In this behalf, the Ld. AR for on record. Ld. DR did not controvert the aforesaid proposition. In view of the aforesaid, appeals of the Assessee are dismissed as withdrawn.
Liberty is granted to the Assessee to revive appeals in the event application filed by the assessee under VSVS fails to mature. It is further made clear that if the assessee seeks to restore the appeals in the event assessee’s declaration made under VSVS is not accepted, the Registry shall not insist for filing of application for condonation of delay, if the Miscellaneous Application for recalling the order is filed beyond time on account of delay in communication of outcome under VSVS. [Revenue. M/s. Nannusamy Mohan (HUF) vs. ACIT in T.C.A. No.372 of 2020 decided on 16.10.2020 by Hon’ble Madras High Court.]
In the result, appeals of the assessee are dismissed in the terms aforesaid. Order pronounced in the open court on this 18th day of August, 2025 after the conclusion of the hearing. (VIMAL KUMAR) ACCOUNTANT MEMBER Dated: 18.08.2025 TS