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Facts
The assessee filed an appeal against the CIT(A)'s order for AY 2015-16. During the hearing, the assessee's counsel informed the Tribunal that they had opted for the Direct Tax Vivad Se Vishwas Scheme, 2024 (DTVSV Scheme). The assessee had already paid the tax liability determined by Form 2 on 09.01.2025 and sought to withdraw the appeal.
Held
The Tribunal noted that the ld. DR had no objection to the assessee's request for withdrawal. Consequently, considering that the dispute was settled under the DTVSV Scheme, 2024, the Tribunal dismissed the appeal as withdrawn.
Key Issues
Whether an appeal before the ITAT can be dismissed as withdrawn after the assessee has opted for and settled the tax dispute under the Direct Tax Vivad Se Vishwas Scheme, 2024, and paid the determined tax liability.
Sections Cited
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Income Tax Appellate Tribunal, “A” BENCH : BANGALORE
Before: SHRI LAXMI PRASAD SAHU & SHRI PRAKASH CHAND YADAV
Per Prakash Chand Yadav, Judicial Member
The present appeal of the assessee is arising out of the order of the ld. CIT(Appeals), Bengaluru-12 dated 11.12.2023 having DIN ITBA/APL/S/250/2023-24/1058647323(1) and relates to assessment year 2015-16.
When the matter was called for hearing, the ld. counsel for the assessee pointed out that the assessee has opted for Direct Tax Vivad Se Vishwas Scheme, 2024 (DTVSV Scheme). The ld. counsel for the assessee further pointed out that the concerned authority has also issued Form 2, determining the tax liability to be paid by the assessee for finally setting the dispute. The ld. counsel for the assessee pointed out that assessee has paid the outstanding tax as determined by the concerned authority vide challan dated 9.1.2025. Therefore, he sought withdrawal of the appeal.
The ld. DR could not object for dismissal of the appeal as withdrawn.
Considering the fact that assessee has already settled the dispute under DTVSV Scheme-24, the present appeal of the assessee is dismissed as withdrawn.
Pronounced in the open court on this 24th day of January, 2025.