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Facts
The assessee filed an appeal against an assessment order. The assessee subsequently opted for the Direct Tax Vivad Se Vishwas Scheme, 2024, and requested to withdraw the appeal.
Held
The Tribunal allowed the assessee's request to withdraw the appeal, as the assessee had opted for the Vivad Se Vishwas Scheme. The appeal was dismissed as withdrawn.
Key Issues
Whether the assessee's appeal should be dismissed as withdrawn due to opting for the Vivad Se Vishwas Scheme.
Sections Cited
143(3), 144C(13), 92, 93
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: ‘I’: NEW DELHI
Before: SHRI RAMIT KOCHAR, & SHRI SUDHIR PAREEK
Assessment Year 2018-19, has arisen from the assessment order dated 29.07.2022(DIN:ITBA/AST/S/143(3)/2022-23/1044321186(1))passed by the A.Y. 2018-19 AKSH OPTIFIBERE LIMITED, FARIDABAD v. DCIT, CENTRAL CIRCLE-26 ,New Delhi learned Assessing Officer , Central Circle-26, Delhi u/s 143(3) read with Section 144C(13) of the Income-tax Act, 1961 (“the Act”).
At the outset ,ld. Counsel appearing for the assessee submitted before the Bench that the assessee has opted for Direct Tax Vivad Se Vishwas Scheme, 2024, and the department has already issued Form No 4 (DIN / Acknowledgment No. 850967781300125) for full and final settlement of the tax arrear under Sub-Section (2) of Section 92 read with Section 93 of Finance (No. 2) Act,2024 under the Direct Tax Vivad Se Vishwas Scheme, 2024. The assessee has placed on record Form Nos. 3&4. Prayers are made by the assessee that in view thereof, the assessee wants to withdraw its appeal in 2018-19.
On being asked by the Bench, learned CIT-DR submitted that the Department has no objection if the appeal of the assessee is allowed to be withdrawn.
After hearing both the parties and perusing the material on record, we hereby dismiss the appeal filed by the assessee in 2018-19 being withdrawn by the assessee. Since it is the assessee’s appeal and the assessee is itself praying for its dismissal being withdrawn on having availed VSVS, 2024 scheme, we dismiss this appeal as being withdrawn by the assessee. In case , if due to any reason the aforesaid matter is not finally settled/approved under the scheme, the liberty is granted to the assessee to file application for restoration of its appeal. This order was pronounced in open court on the conclusion of hearing .We order accordingly.
A.Y. 2018-19 AKSH OPTIFIBERE LIMITED, FARIDABAD v. DCIT, CENTRAL CIRCLE-26 ,New Delhi 5. In the result, appeal of the assesseein for assessment year 2018-19 stands dismissed as being withdrawn, as indicated above.
Order pronounced in the open court on 15.05.2025.