Loading judgment…
Facts
The assessee filed an appeal against an assessment order. During the pendency of the appeal, the assessee opted for settlement under the Vivad Se Vishwas Scheme, 2024, and filed a declaration with the Department.
Held
The Tribunal noted that the Revenue did not controvert the assessee's averments regarding the Vivad Se Vishwas Scheme. The appeal was dismissed as withdrawn, with liberty granted to the assessee to revive it if the scheme's benefit is not extended.
Key Issues
Whether the assessee can withdraw the appeal after opting for settlement under the Vivad Se Vishwas Scheme, and if so, under what conditions.
Sections Cited
143(3)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “F”: NEW DELHI
Before: SMT. ANNAPURNA GUPTA, ACOUNTANT MEMBER
O R D E R
PER Ms. MADHUMITA ROY, JM:
The instant appeal, filed by the assessee, is directed against the order dated 12.01.2024 passed by the National Faceless Appeal Centre (NFAC), Delhi [DIN & Order No. ITBA/NFAC/S/250/2023-24/1059668265(1)], arising out of the assessment order dated 24.12.2019 u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”), for the assessment year 2017-18.
The assessee has filed an application for withdrawal of the instant appeal on the ground that for the impugned A.Y. 2017-18 the assessee has opted for settlement under Vivad Se Vishwas Scheme, 2024 and has duly filed declaration in Form 1 with the Department. A copy of acknowledgement receipt along with Form R.C. Energy Metering Pvt. Ltd. A.Y. 2017-18 no. 1 under the said scheme has also been annexed along with the application. It is also stated that Form no. 2 has not yet been received. It is prayed that assessee may be allowed to draw the instant appeal with liberty that in case application for settlement is not approved by the Department the appeal may be restored to meet the ends of justice. The Revenue could not controvert the averments made in the application.
Under these facts and circumstances of the matter the appeal is dismissed as withdrawn. However, the appellant is granted liberty, in the event of benefit under the VSVS Scheme, 2024 is not extended to it, for revival of the appeal before the Tribunal by taking appropriate steps.
The appeal is dismissed as withdrawn.
Order pronounced in open court on 04.06.2025.