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Facts
The assessee filed an appeal against the order of the Ld. CIT(A) for AY 2011-12. The assessee had availed the benefits of the Direct Vivad se Visvas Scheme -2024 and paid the determined tax liability.
Held
The Tribunal considered the assessee's application for withdrawal of the appeal. Given that the assessee has opted for the Vivad se Visvas scheme, the appeal was dismissed as withdrawn.
Key Issues
Whether an appeal can be withdrawn by the assessee after availing the benefits of the Vivad se Visvas Scheme.
Sections Cited
254(1)
AI-generated summary — verify with the full judgment below
Date of Hearing – 25/03/2025 Date of Order – 25/03/2025 Order under section 254(1) of Income Tax Act PER PAWAN SINGH, JUDICIAL MEMBER; 1. This appeal by assessee is directed against the order of Addl. / Joint Commissioner of Income Tax (Appeals) – 8, Delhi [for short to as “Ld. CIT(A)”] dated 30.09.2024 for assessment year (AY) 2011-12.
At the outset of hearing, the learned authorised representative (ld.AR) of the assessee submits that the assessee has availed the benefits of Direct Vivad se Visvas Scheme -2024 (DVSV-2024) and has paid the tax liability determined by the prescribed authority / designated authority concerned. The learned AR submits that he has already received Form-2 of DTSVS and he undertakes to file copy thereof in the course of the day. The learned AR of the assessee submits that assessee may be allowed to withdraw the present appeal.
On the other hand, learned Senior Departmental Representative (ld. Sr. DR) for the Revenue submits that he has no objection, if the appeal of the assessee is dismissed as “withdrawn”.
We have considered the application of assessee for withdrawal of appeal and considering the contention of the ld AR of assessee, the appeal of the assessee is dismissed as “withdrawn” with liberty to the assessee as well as to the Revenue that in case, if the application preferred by the assessee under DVSV- 2024 does not get finally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 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.