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Facts
The assessee filed an appeal against the order of the CIT(A)/NFAC. The assessee had opted for the Direct Tax Vivad se Vishwas Scheme, 2024 and had already paid taxes and was in the process of filing Form 3. The assessee requested to withdraw the appeal with liberty to revive it.
Held
The Tribunal noted that the assessee had opted for the DTVSV Scheme and the certificate under section 92(1) of the scheme had already been issued. Following the assessee's request and the scheme's provisions, the appeal was dismissed as withdrawn.
Key Issues
Whether the appeal should be dismissed as withdrawn upon the assessee opting for the Direct Tax Vivad se Vishwas Scheme, 2024.
Sections Cited
250, 91(2), 92(1)
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Income Tax Appellate Tribunal, “A’’BENCH: BANGALORE
Before: SHRI WASEEM AHMED & SHRI KESHAV DUBEY
PER KESHAV DUBEY, JUDICIAL MEMBER:
This appeal at the instance of the assessee is directed against the order of the ld. CIT(A)/NFAC dated 13.04.2024 vide DIN & Order No. ITBA/NFAC/S/250/2024-25/1064077904(1) passed u/s 250 of the Income Tax Act, 1961 (in short “the Act”) for the assessment year 2017-18.
The assessee has raised various grounds of appeal.
3. However, at the outset, during the course of hearing of appeal before us, the ld. A.R. for the assessee drew our attention to email & letter dated 23.01.2025, wherein it is submitted that the assessee had already preferred to avail the Direct Tax Vivad se Aravind Kushalnagar Venkatesh Shrihari, Bangalore Page 2 of 3 Vishwas Scheme, 2024 (DTVSV Scheme) by filing the Form 1 DTVSV 2024 and the revenue had already issued the Form-2 for the assessment year 2017-18 on 9.1.2025. Further, it is submitted that the assessee had already paid off the taxes & is in the process of filing the Form 3. Consequently, in compliance with the provisions of the DTVSV Scheme, the assessee requested to allow for the withdrawal of the appeal with liberty to revive the appeal, if the revenue does not issue the form 4.
The ld. D.R. on the other hand has no objection towards the request for withdrawal of the appeal as the assessee has already opted for DTVSV 2024.
We have heard the rival submissions and perused the materials available on record. As per the provisions of section 91(2) of the DTVSV Scheme, 2024, any appeal pending before the ITAT or CIT(A) in respect of disputed interest or disputed penalty or disputed fee or tax arrears shall be deemed to have been withdrawn upon the issuance of certificate u/s 92(1) of the DTVSV Scheme, 2024.
5.1 On going through the letter dated 23/01/2025, we find that the Form No.2 i.e. Certificate under sub-section (1) of section 92 of the Finance (2) Act, 2024, has already issued by the Principal Commissioner of Income Tax on 09/01/2025. This being so, we, accordingly, as per the request letter dated 23.01.2025 for the assessment year 2017-18, dismiss this appeal of the assessee as withdrawn with a liberty to reinstate the appeal if the assessee’s application under the DTVSV Scheme, 2024 is not accepted for any reason.
In the result, the appeal filed by the assessee is dismissed as withdrawn.