What did the Tribunal hold?

The Tribunal dismissed the appeal as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme. Liberty was granted to the assessee to seek restoration if the dispute is not settled under the scheme.

The assessee filed an appeal against an assessment order for AY 2013-14. The assessee later sought to withdraw the appeal as they had opted for the 'Vivad Se Vishwas Scheme, 2020' to settle tax arrears.

What were the issues?

Whether an appeal can be withdrawn when the assessee has opted for a settlement scheme like Vivad Se Vishwas.

Veer Bhan Sharma, Faridabad vs ITO | ITAT Delhi 2021

Income Tax Appellate Tribunal, DELHI BENCH ‘G’ : NEW DELHI

Before: SHRI N.K. BILLAIYA & SHRI AMIT SHUKLA

For Respondent: Shri Umesh Takyar, Sr.DR

Hearing: 13.12.2021

Aforesaid appeal has been filed by the assessee against the impugned order dated 09.08.2016 passed by the ld. CIT(A), Faridabad for the quantum of assessment passed under section 143(3) of the Income-tax Act, 1961 (for short ‘the Act’) for the assessment year 2013-14.

Ld. Counsel for the assessee filed an application dated 22.11.2021 seeking withdrawal of the appeal on the ground that the assessee has opted to settle the dispute relating to the tax arrears for the assessment year under consideration under the “Vivad Se Vishwas Scheme, 2020” and has filed Form 5 duly approved by the Designated Authority on 23.07.2020.

Keeping in view the aforesaid facts, present appeal is hereby dismissed with liberty to get it restored by the assessee in case dispute is not settled as per scheme. The Revenue has no objection with regard to the aforesaid caveat. Consequently, the present appeal is dismissed.

Order pronounced in open court on this 13th day of December, 2021.

VEER BHAN SHARMA,FARIDABAD vs. ITO, FARIDABAD

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

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