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Facts
The assessee filed an appeal against an assessment order. During the pendency of the appeal, the assessee opted for the Direct Tax Vivad Se Vishwas Scheme and filed the necessary declaration to withdraw the appeal.
Held
The Tribunal noted that the assessee had opted for the Vivad Se Vishwas Scheme and wished to withdraw the appeal. Both parties agreed, and the Tribunal allowed the withdrawal.
Key Issues
Whether the assessee should be allowed to withdraw its appeal in light of opting for the Direct Tax Vivad Se Vishwas Scheme.
Sections Cited
143(3), 144C(13)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: ‘D’: NEW DELHI
Before: SHRI RAMIT KOCHAR, & SHRI SUDHIR KUMAR
Assessment Year 2017-18, has arisen from the assessment order dated 31.01.2022 (DIN:ITBA/AST/S/143(3)/2021-22/1039213223(1))passed by the learned Assessing Officer , International Taxation, Gurgaon, Delhi u/s 143(3) read with Section 144C(13) of the Income-tax Act, 1961 (“the Act”).
At the outset ,ld. Counsel appearing for the assessee submitted before the Bench that the assessee has opted for Direct Tax Vivad Se Vishwas Scheme, 2024, A.Y. 2017-18 Soregam SA, Belgium v. ACIT and has duly filedDeclaration in Form No. 1 with the Department vide Acknowledgment No. 918528810280325 dated 28.03.2025. The said Form Nos. 1 is placed on record by the assessee. It was submitted that although the assessee has not been issued Form No. 2 by the department, but it is the assessee’s appeal; and the assessee want to withdraw its appeal. The assessee may be allowed to withdraw its appeal. The learned CIT-DR submitted that the Department has no objection if the appeal of the assessee is allowed to be withdrawn as it is the assessee’s appeal and the assessee want to withdraw its appeal.
After hearing both the parties and perusing the material on record, we hereby dismiss the appeal filed by the assessee in 2017-18 being withdrawn by the assessee. Since it is the assessee’s appeal and the assessee is itself praying for its dismissal being withdrawn , we dismiss this appeal as being withdrawn by the assessee. In case , if the aforesaid matter is not finally settled/approved under the scheme, the liberty is granted to the assessee to file application for restoration of its appeal. This order was pronounced in open court on the conclusion of hearing in the presence of the both the parties.We order accordingly.
Order pronounced in the open court on 08.04.2025.