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Facts
The department filed an appeal before the Tribunal against an order passed by the Ld. Commissioner of Income Tax (Appeal) for Assessment Year 2017-18. Subsequently, the assessee moved an application to withdraw the appeal, stating that they had opted to settle the disputes under the 'Vivad-se-Vishwas, 2024 Scheme / DTVSV Act' and had filed the necessary declaration in Form No. 1.
Held
The Tribunal allowed the assessee's application for withdrawal, thereby dismissing the appeal as withdrawn. The appellant was granted liberty to revive the appeal if they do not succeed under the 'Vivad-se-Vishwas, 2024 Scheme'.
Key Issues
Whether the appeal should be allowed to be withdrawn and dismissed, given the assessee's election to settle the dispute under the Vivad-se-Vishwas Scheme.
Sections Cited
250
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Income Tax Appellate Tribunal, “K(SMC
Before: MS PADMAVATHY S & SHRI RAJ KUMAR CHAUHANDr. Ambedkar Road,
Date of Hearing 06.02.2025 Date of Pronouncement 06.02.2025 आदेश / ORDER
PER RAJ KUMAR CHAUHAN, JM:
The department is in appeal before the Tribunal against the order dated 20.06.2024 passed by the Ld. Commissioner of Income Tax (Appeal), Mumbai [in short “CIT(A)”] passed u/s 250 of the Income Tax Act [in short “the Act] for A.Y. 2017-18.
An application for seeking withdrawal of present appeal moved by the assessee mentioning that the assessee has opted to settle the disputes under the ‘Vivad-se- Sishwas, 2024 Scheme / DTVSV Act’ on 06.01.2025 and has filed the declaration in Form No. 1. Considering the contents of the present application the same stands allowed and the appeal filed by the assessee stands dismissed as withdrawn with liberty to revive the appeal if appellant does not succeed under the ‘Vivad-se-Sishwas, 2024 Scheme’.
In the result the appeal filed by the assessee is dismissed and withdrawn. Order pronounced in the open court on 06.02.2025.