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Facts
The assessee filed an appeal challenging the order of the Commissioner of Income Tax (Appeals). The assessee intended to withdraw the appeal as they opted to settle the dispute through the Direct Tax Vivad Se Vishwas Scheme, 2024.
Held
The Tribunal deemed it fit to dismiss the appeal as withdrawn, granting the assessee liberty to revive it if the settlement under the DTVSV scheme is not finalized. Consequently, the appeal was dismissed as withdrawn.
Key Issues
Whether the assessee can withdraw the appeal due to opting for the Direct Tax Vivad Se Vishwas Scheme, and if so, under what conditions.
Sections Cited
250
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “E” BENCH, MUMBAI
(Assessment Year: 2018-19) Dr. Tvacha Private Limited Dy. Commissioner of Income Tax, Office 2, Apsara Building 7, S V Road, Circle – 1, Thane Santacruz West Mumbai – 400054. Vs. Ashar IT Park, Wagle Industrial Estate, Thane (West) – 400604. PAN/GIR No. AAECD2395J (Appellant) : (Respondent) Assessee by : Shri. Rajesh S. Athavale, CA (Virtually appear) Respondent by : Shri. Hemanshu Joshi SR. DR. Date of Hearing : 09.04.2025 Date of Pronouncement : 16.04.2025 O R D E R Per Kavitha Rajagopal, J M: This appeal has been filed by the assessee, challenging the order of the learned Commissioner of Income Tax (Appeals) Delhi (‘ld. CIT(A)’ for short), National Faceless Appeal Centre (‘NFAC’ for short) passed u/s.250 of the Income Tax Act, 1961 (‘the Act'), pertaining to the Assessment Year (‘A.Y.’ for short) 2018-19.
The assessee intends to withdraw the present appeal and had made a written submission dated 07.04.2025 to that effect stating that the assessee has opted to settle the dispute through the Direct Tax Vivad Se Vishwas Scheme, 2024 along with the relevant forms as per the DTVSV 2024 scheme.
(A.Y. 2018-19) Dr. Tvacha Private Limited 3. Upon perusal of the same, we deem it fit to dismiss the appeal filed by the assessee as withdrawn with the liberty that the assessee may revive the appeal if the same has not been settled in the DTVSV scheme, if and when necessary. 4. In the result, the appeal filed by the assessee is dismissed as withdrawn. Order pronounced in the open court on 16.04.2025