Loading judgment…
Facts
The assessee filed appeals against the order of the Commissioner of Income Tax. During the hearing, the assessee requested to withdraw the appeals as they had opted for the 'Vivad Se Vishwas' scheme and deposited the disputed tax demand.
Held
The Tribunal allowed the assessee's request to withdraw the appeals. It was also noted that if the assessee fails to avail the scheme due to technicalities, they can seek revival of the appeals.
Key Issues
Whether the assessee can withdraw the appeals in light of opting for the 'Vivad Se Vishwas' scheme.
Sections Cited
250, 254(2)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘G’ BENCH
Before: SHRI VIKRAM SINGH YADAV & SHRI RAHUL CHAUDHARY
& 6416/MUM/2024 Ganesh Gramastha Seva Mandal आदेश / O R D E R PER BENCH : These appeals have been preferred by the assessee against the order passed by the Commissioner of Income Tax, Delhi (‘ld. CIT’ for short) passes u/s. 250 of the Income Tax Act, 1961, (‘the Act’ for short), dated 07.10.2024 pertaining to A.Y. 2010-11 to 2013- 14 and 2015-16 to 2016-17.
During the course of hearing, the ld AR submitted that the assessee has filed withdrawal application in these cases stating that it wishes to withdraw the present appeal as it has since moved an application under the Direct tax “Vivad Se Vishwas” scheme 2024 and Form no. 2 has since been issued by the Competent authority and it has also deposited disputed tax demand so determined by the Competent authority in all these cases. It was accordingly submitted that the appeals so filed by the assessee may be allowed to be withdrawn.
The Ld. DR, on the other hand, was unable to controvert the facts submitted by the assessee and didn’t object to application seeking withdrawal of the subject appeals.
After hearing both the parties and considering the material available on record and the prayer so made by the assessee, the subject appeals of the assessee are dismissed as withdrawn. However, it is observed that in case Assessee fails to avail the benefit of this scheme due to any technicalities, then Assessee & 6416/MUM/2024 Ganesh Gramastha Seva Mandal will be at liberty to get these appeals revived by filing the misc. application and which should be filed within limitation period so provided u/s 254(2) of the Act.
In the result, the appeals of the assessee are dismissed.
Order pronounced in open court on 20.03.2025.