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Facts
The assessee filed appeals against a final assessment order passed for A.Y. 2015-16. During the pendency of the appeals, the assessee opted to settle the tax dispute under the Direct Tax Vivad Se Vishwas Scheme, 2024, and completed the necessary formalities including filing Form-1, obtaining Form-2, and remitting the payable amount.
Held
Considering the assessee's application to withdraw the appeals due to opting for the Vivad Se Vishwas Scheme, the Income Tax Appellate Tribunal dismissed the appeals as withdrawn. The tribunal granted liberty to the assessee to file an application for restoration if the VSVS application does not materialize or is not accepted.
Key Issues
Whether the appeals should be dismissed as withdrawn due to the appellant's decision to settle the tax dispute under the Vivad Se Vishwas Scheme, 2024.
Sections Cited
143(3), 144C(1)
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Income Tax Appellate Tribunal, ‘I’ BENCH
आदेश / O R D E R PER BENCH: The aforesaid appeals have been filed by the assessee against final assessment order passed u/s.143(3) r.w.s. 144C(1) for the A.Y.2015-16 passed in pursuance of directions given by the DRP vide order dated 26/02/2018.
In the aforesaid appeals the ld. Counsel for the assessee has submitted that assessee has opted for settlement of its tax dispute under the ‘Vivad Se Vishwas Scheme-2024’ and has also filed application dated 08/01/2025 before the authorities, the application is reproduced hereunder:-
“We refer to the appeal filed by the Appellant for AY 2015-16 before the 'T' Bench of this Hon'ble Tribunal. In this connection, the Appellant submits the following 1. The Appellant has decided to settle the captioned appeal pertaining to AY 2015-16 under the Direct Tax Vivad Se Vishwas Scheme, 2024 ('VSVS').
2. Accordingly, the Appellant has filed the required declaration and undertaking in Form-1 under the VSVS in respect of the captioned appeal with the Designated Authority ('the DA') on 23 December 2024. A copy of Form-1 filed under the VSVS for AY 2015-16 is enclosed herewith as Annexure 1 for your kind perusal.
3. The DA has issued Form-2, dated 1 January 2025, under the VSVS for the captioned appeal pertaining to AY 2015-16. A copy of Form-2 issued by the DA for AY 2015-16 is enclosed herewith as Annexure 2 4. Further, the Appellant has remitted the amount determined as payable in Form 2 issued for AY 2015-16 (Copy of challan enclosed herewith as Annexure 3) In view of the above, the Appellant wishes to withdraw the captioned appeal for AY 2015-16 pending before your goodself's office.”
Accordingly, appeals of the assessee are dismissed as withdrawn, however, liberty is given to the assessee in case the application for VSVS does not materialize and is not accepted, assessee may file an application for restoration of the appeal. Accordingly, appeals of the assessee are dismissed in limine.
In the result, appeals of the assessee are dismissed.
Order pronounced on 12th February,2025.