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Facts
The assessee filed an appeal against the NFAC order for assessment year 2017-18. During the hearing, the assessee's counsel informed the Tribunal that the assessee had opted for the Vivad Se Vishwas Scheme 2024 and requested to withdraw the appeal, a request to which the Senior DR had no objection.
Held
The Tribunal dismissed the appeal as withdrawn. It added a caveat that if the dispute is not ultimately resolved under the Vivad Se Vishwas Scheme, the assessee is free to seek reinstitution of the appeal before the Tribunal, which will be considered as per law.
Key Issues
Whether the appeal should be allowed to be withdrawn given the assessee's application under the Vivad Se Vishwas Scheme, and under what conditions.
Sections Cited
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Income Tax Appellate Tribunal, DELHI BENCH ‘F’’ : NEW DELHI
Before: SHRI SHAMIM YAHYA & SHRI SUDHIR KUMAR
This appeal by the assesse is directed against the order of the Ld. NFAC, New Delhi relating to assessment year 2017-18. 2. At the time of hearing, Ld. AR for the assessee submitted that assessee has filed the application for settlement of dispute under the Vivad Se Vishwas Scheme 2024 (DTVSV 2024). Hence, requested to withdraw the aforesaid appeal. 3. Learned Senior DR has no objection.
Considering the aforesaid factual matrix, the captioned appeal is consigned to records and treated ‘dismissed’ as withdrawn.
However, the aforesaid is subject to a caveat that in case the dispute relating to tax arrears for the captioned appeal is not ultimately resolved in terms of the afore- stated Act, the appellant (i.e., the assessee) shall be at liberty to approach the Tribunal for reinstitution of the respective appeal and the Tribunal shall consider such application appropriately as per law. The respondent (i.e., the Revenue) has no objection with regard to the aforesaid caveat.
In view of the aforesaid, the captioned appeal is consigned to record and, for statistical purposes, are treated as dismissed. Order pronounced in the Open Court on 21.04.2025.