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Facts
The assessee filed an application for adjournment stating they have applied for the Direct Vivad se Visvas Scheme (DVSV-2024). The Revenue had no objection to dismissing the appeal as withdrawn.
Held
The Tribunal considered the assessee's application and dismissed the appeal as withdrawn. Liberty was granted to both parties to approach the Tribunal for restoration if the DVSV-2024 settlement fails.
Key Issues
Whether the appeal should be dismissed as withdrawn in light of the assessee's application for the Vivad se Visvas Scheme.
Sections Cited
AI-generated summary — verify with the full judgment below
Per Pawan Singh (JM) 1. This Appeal by assessee is directed against the order of learned CIT(A)/NFAC dated 02.08.2023 for AY 2011-12. 2. The ld authorised representative (AR) of the assessee filed an application for adjournment on the ground that that assessee has filed application for availing the benefits of Direct Vivad se Visvas Scheme -2024 (DVSV-2024). The ld AR of the assessee submits that he has also filed copy of Form-1, which is filed in compliance of Rule 4 of DVSV-20 dated 20.11.2024. This fact was confronted with learned departmental representative (CIT-DR) of the revenue. The ld. CIT- DR for the Revenue submits that he has no objection, if the appeal of the assessee is dismissed as “withdrawn”. The ld AR of the assessee also fairly agreed that this appeal may be dismissed as withdrawn with the liberty to the assessee to approach this Tribunal, in case the matter is not finally get settled in DVSV-2024.
(AY 2011-12) Amsons Steel Pvt Ltd, 3. We have considered the application of assessee for adjournment and find that the assessee has already filed application for availing the benefit of DVSV-2024 thus, the appeal of the assessee is dismissed as “withdrawn” with liberty to the assessee as well as to the Revenue that in case, if the application preferred by the assessee under DVSV-2024 does not get finally settled for any reason whatsoever, then both the parties are at liberty to prefer Miscellaneous Application (MA) before this Tribunal for restoration of the appeal or any further direction and in such event, the appeal shall get restore. The Assessing Officer is directed to pass the consequential order.
In the result, the appeal of the assessee is dismissed as withdrawn.
Order announced on 15.05.2025 in the Hybrid Court hearing.