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Facts
The assessee filed an appeal against the order of the CIT(A) for AY 2017-18. During the hearing, the assessee sought permission to withdraw the appeal as they had opted for the Vivad Se Viswas Scheme.
Held
The Tribunal allowed the assessee's request to withdraw the appeal. The assessee had filed the necessary forms under the Vivad Se Viswas Scheme, and the Revenue had no objection to the withdrawal.
Key Issues
Whether the assessee should be permitted to withdraw the appeal to settle under the Vivad Se Viswas Scheme.
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI “C” BENCH : MUMBAI
Before: SHRI VIKRAM SINGH YADAV & SHRI RAHUL CHAUDHARY
O R D E R PER VIKRAM SINGH YADAV, A.M : This is an appeal filed by the assessee against the order of the Learned Commissioner of Income Tax (Appeals)-54, Mumbai [„Ld.CIT(A)‟], dated 31-12-2020, pertaining to Assessment Year (AY) 2017-18.
2. None appeared on behalf of the assessee. During the course of hearing, we find that assessee company seeks permission to withdraw the present appeal as the assessee-company has opted to avail Vivad Se Viswas Scheme, 2024 (VsV Scheme). In this connection, the assessee company has filed a petition for withdrawal of the present appeal, wherein the assessee-company has sought permission to withdraw this appeal and the contents of the petition read as under: “With reference to the captioned appeal, the Appellant submits that it has opted to settle the said appeal under the Direct Tax Vivad se Vishwas Scheme, 2024 ("VSV Scheme, 2024"). Accordingly, a declaration and waiver of right in Form No. 1 have been filed with the Designated Authority on 27 December 2024. A copy of the filed Form No. 1 is enclosed as Annexure 1 for your reference. Subsequently, the Appellant has received Form No. 2 dated 2 July 2025 determining tax payable of Rs. NIL. Copy of Form No. 2 is enclosed as Annexure 2. We wish to submit that we have not received email or SMS communication regarding the issuance of Form No.
Due to this inadvertent omission, there has been a delay in filing the withdrawal letter and subsequently Form No.
3. In light of the above, the Appellant craves leave to withdraw the captioned appeal pending before the Hon'ble Bench.”
The Ld. DR didn‟t raise any specific objection to such request for withdrawal of the subject appeal.
Having heard the ld DR and taking into consideration the petition so filed by the assessee, we are inclined to allow the appeal of the assessee to be withdrawn yielding to the prayer of the assessee-company and accordingly, dismiss the present appeal as withdrawn.
In the result, appeal of the assessee is dismissed as withdrawn.