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Facts
The assessee filed an appeal against a final assessment order. During the pendency of the appeal, the assessee settled the issue under the Vivad Se Vishwas Scheme (VSVS).
Held
The Tribunal allowed the assessee's application to withdraw the appeal as it was settled under the VSVS. Liberty was granted to revive the appeal if the VSVS application failed.
Key Issues
Whether the appeal can be withdrawn due to settlement under the Vivad Se Vishwas Scheme.
Sections Cited
254, 143(3), 144c, 144C(13)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘I: NEW DELHI
(Assessment Year: 2013-14) Vedanta Limited, vs. ACIT, Circle 25 (1), Core – 6, 3rd Floor, Scope Complex, New Delhi. Lodhi Road, New Delhi – 110 003. (PAN : AACCS7101B) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri Harmeet Singh, AR REVENUE BY : Shri Dharam Veer Singh, CIT DR Date of Hearing : 23.07.2025 Date of Order : 23.07.2025 O R D E R
PER S. RIFAUR RAHMAN, ACCOUNTANT MEMBER :
This appeal has been filed by the assessee against the final assessment order dated 27.01.2023 passed u/s 254/143(3)/144c r.w.s.144C (13) of the Income Tax Act, 1961 (hereinafter called ‘the Act’) subsequent to the directions of the Ld. Dispute Resolution Panel (DRP)/TPO for Assessment Year 2013-14.
The Ld. AR for the assessee has submitted that the assessee has filed an application dated 01.07.2025 for withdrawal of the present appeal as the Vivad Se Vishwas Scheme, 2024 (in short ‘VSVS’). The assessee alongwith aforesaid application has filed copy of Form No.2 received from the Department. In view of the aforesaid application, appeal of the assessee is dismissed as withdrawn.
Liberty is granted to the Assessee to revive appeal 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 appeal 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.] 4. In the result, appeal of the assessee is dismissed in the terms aforesaid. Order pronounced in the open court on this 23rd day of July, 2025 after the conclusion of hearing.