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Facts
The assessee filed an appeal for AY 2013-14. During the proceedings, the assessee opted for the Direct Tax Vivad-se-Vishwas Scheme, 2024, and submitted Form-5 as proof of settlement.
Held
The Tribunal acknowledged the assessee's participation in the Vivad-se-Vishwas Scheme and the settlement of the disputed tax. Consequently, the appeal was permitted to be withdrawn and was dismissed as withdrawn.
Key Issues
Whether the appeal can be withdrawn after opting for the Direct Tax Vivad-se-Vishwas Scheme and obtaining a settlement certificate.
Sections Cited
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Income Tax Appellate Tribunal, ‘B’ BENCH: CHENNAI
Before: SHRI ABY T. VARKEY & SHRI JAGADISH
आदेश / O R D E R
PER JAGADISH, A.M : Aforesaid appeal filed by the assessee for Assessment Year (AY) 2013-14 arising out of the order of Learned Commissioner of Income Tax (Appeals)-19, Chennai dated 29.06.2022.
The Ld. Authorized Representative (A.R) of the assessee, at the outset stated that assessee has opted for Direct Tax Vivad-se-Vishwas Scheme, 2024 in the above appeal and therefore, wants to withdraw the appeal. The Ld. A.R has submitted a copy of Form-5 filed by the :- 2 -: assessee issued by the designated authority in support of his contention.
We have heard the rival submissions, and perused the Form-5. The assessee has opted for the Direct Tax Vivad-se-Vishwas Scheme, 2024, and a certificate in Form-5 has been issued by the Designated Authority, evidencing full and final settlement of the disputed tax. The Ld. AR has now made a request to withdraw the appeal. Accordingly, the appeal is permitted to be withdrawn and therefore, dismissed as withdrawn. However, it is open to the assessee to approach the Tribunal by filing an appropriate application in the event of any prejudice caused in respect of the settlement of tax dispute under the Direct Tax Vivad-se-Vishwas Scheme, 2024.
In the result, the appeal filed by the assessee is dismissed as withdrawn.
Order pronounced in open Court on 16th day of June, 2025 at Chennai.