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Facts
The assessee filed an appeal against the order of the Commissioner of Income-tax (Appeals). At the time of hearing, the assessee sought to withdraw the appeal, stating they had opted for the Direct Tax Vivad Se Vishwas Scheme, 2024 and Form 1 had been submitted.
Held
The Tribunal allowed the appeal to be withdrawn and dismissed it as withdrawn. The parties were granted liberty to seek restoration of the appeal if the Vivad Se Vishwas Scheme settlement was not satisfactory.
Key Issues
Whether the appeal can be withdrawn to avail the Direct Tax Vivad Se Vishwas Scheme, with liberty to restore the appeal if the scheme's outcome is unsatisfactory.
Sections Cited
143(3)
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Income Tax Appellate Tribunal, DELHI BENCHES: F : NEW DELHI
Before: SHRI ANUBHAV SHARMA
Assessment Year: 2012-13 Candor Gurgaon One Realty Vs DCIT, Projects Private Ltd., Circle-27(1), F 83, Profit Centre, Gate No.1, New Delhi. Mahavir Nagar, Near Pizza Hut Kandivali West, Mumbai – 400 067, Maharashtra. PAN: AAACU8046K (Appellant) (Respondent) Assessee by : Shri K.M. Gupta, Advocate, Ms Shruti Khimta, AR & Shri Jaskaran Singh, Advocate Revenue by : Ms Monika Singh, CIT-DR & Ms Haspreet Singh Hansra, Sr. DR Date of Hearing : 23.07.2025 Date of Pronouncement : 30.07.2025 ORDER
PER ANUBHAV SHARMA, JM:
This appeal is preferred by the assessee against the order dated 24.07.2019 of the Commissioner of Income-tax (Appeals)-13, New Delhi (hereinafter referred to as the ld. First Appellate Authority or ‘the Ld. FAA’ for short) in Appeals No.ITR 160/16-17 arising out of the appeal before it against the order dated 28.02.2015 passed u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred as ‘the Act’) by the DCIT, Circle-27(1), New Delhi (hereinafter referred to as the Ld. AO).
At the time of hearing the ld. counsel, vide an application dated 01 July, 2025 placed on record, submitted out on behalf of the assessee that the assessee has approached the competent authority for taking benefit of Direct Tax Vivad Se Vishwas Scheme, 2024 by submitting Form 1. It was also brought to our knowledge that relevant form No.2 has been issued in favour of the assessees. It was also submitted that the appeal will be settled according to the Direct Tax Vivad Se Vishwas Scheme, 2024 and, therefore, a request was made for withdrawal of the appeal with liberty to approach the Tribunal in case the appeal is not settled. The ld. DR had no objection to the withdrawal.
In the light of the aforesaid, the appeal referred in the title above is allowed to be withdrawn and accordingly is dismissed as withdrawn. However, in case the assessee or the Department is not satisfied with the final outcome of the Direct Tax Vivad Se Vishwas Scheme, 2024 proceedings, both the parties will be at liberty to get the appeal restored for decision on merits.