What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw the appeal. The appeal was consequently dismissed as withdrawn.

What were the issues?

Whether an appeal can be withdrawn if the underlying dispute has been settled under the Vivad-se-Vishwas scheme.

Rakesh Kumar HUF, New Delhi vs ITO | ITAT Delhi 2022

Q: What were the facts?

The assessee sought to withdraw their appeal before the ITAT because the dispute had been settled under the Direct Tax Vivad-se-Vishwas Act, 2020. The designated authority had issued Form No. 5 accepting the assessee's declaration.

Income Tax Appellate Tribunal, DELHI BENCH: ‘SMC’ NEW DELHI

For Respondent: Shri Om Prakash, Sr. DR

Hearing: 01.06.2022Pronounced: 01.06.2022

ORDER This is an appeal by the assessee against the order dated 24.12.2018 of learned Commissioner of Income-Tax (Appeals)-15, New Delhi, pertaining to assessment year 2015-16.

When the appeal was called for hearing, none appeared for the assessee. However, assessee has sent letter dated 28.05.2022 through mail seeking withdrawal of the appeal as the dispute has been settled under the Direct Tax Vivad-se-Vishwas Act, 2020. A copy of Form No.5 issued by the designated authority has also been attached to this letter.

Learned Departmental Representative did not object to assessee’s request for withdrawal of the appeal.

Thus, in view of the facts discussed above and having noticed that the designated authority has issued Form No.5 on 05.03.2021. accepting assessee’s declaration under Direct Tax Vivad-se-Vishwas Act, 2020, I permit the assessee to withdraw the appeal. Accordingly the appeal is dismissed as withdrawn.

In the result, appeal is dismissed.

Order pronounced in the open court on 01st June, 2022.

RAKESH KUMAR HUF,NEW DELHI vs. ITO, WARD- 43(4), NEW DELHI

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

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