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Facts
The assessee filed an appeal against the order of the CIT(A). During the hearing, the assessee's representative stated that the assessee had applied for the Direct Vivad Se Vishwas-2024 scheme and paid the tax liability. The assessee requested to withdraw the appeal.
Held
The Tribunal considered the submissions and noted that the assessee had filed an application under the DTVSV-24 scheme and paid the tax. The appeal was dismissed as withdrawn, with liberty to restore it if the DTVSV-24 settlement is not finalized.
Key Issues
Whether the appeal can be withdrawn by the assessee after applying for and paying tax under the Vivad se Vishwas scheme.
Sections Cited
254(1)
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Ms Heena Jain Advocate ननधााररतीकीओरसे /Assessee by राजस्वकीओरसे /Revenue by Sh. Nihar Ranjan Samal Sr DR सुनवाईकीतारीख/Date of hearing 17.03.2025 उद्घोषणाकीतारीख/Date of 17.03.2025 pronouncement Order under section 254(1) of Income Tax Act PER: PAWAN SINGH, JUDICIAL MEMBER: This appeal by the assessee is directed against the order of ld. CIT(A)/ NFAC 1. (in short, the ld. CIT(A)) dated 10.0.2024 for the Assessment Year 2011-12.
At the outset of hearing, the learned Authorised Representative (ld. AR) of the assessee submits that the assessee has applied for seeking the benefits of Direct Vivad Se Vishwas-2024 (DTVSV-2024) and has received Form No. 1 vide DIN/acknowledgement No. 809881590080123 dated 08.01.2025 and Form-2 dated 29.01.2025. The assessee has also paid tax as per the order of designated authority, copy of challan of final payment of tax dated 30/01/2025 of Rs. 40,899/- is also filed on record. The learned counsel for the assessee further submits that she may be allowed to withdraw this appeal. Juri Hema Mahanta, (AY 2011-12) 3. On the other hand, the 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 DR) for the Revenue submits that he has no objection, if the appeal of the assessee is dismissed as “withdrawn” as suggested by this Bench.
We have considered the rival submissions of both the parties and considering the facts that the assessee has already filed application before the prescribed authority under DTVSV-24 and have paid the tax liability as determined by designated authority. Hence, this appeal of the assessee is dismissed as “withdrawn” with liberty to the assessee as well as to the revenue that in case, if the application preferred by the assessee under DTVSV-2024 do not get finally settled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 this appeal or any further direction and in such event, the appeal shall get restored. The Assessing Officer is directed to pass the consequential order.