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Facts
The assessee filed an appeal against the order of the Addl./JCIT(Appeals). The assessee had enrolled in the Direct Tax Vivad Se Vishwas Scheme, 2024, and sought to withdraw the appeal to avoid further litigation.
Held
The Tribunal allowed the assessee to withdraw the appeal, with the liberty to revive it if the VSVS-24 resolution was unsuccessful for any reason.
Key Issues
Whether the assessee can withdraw an appeal after opting for the Vivad Se Vishwas Scheme.
Sections Cited
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Income Tax Appellate Tribunal, ‘SMC’ BENCH, KOLKATA
Before: Shri Duvvuru RL Reddy, Vice-(KZ)
Appearances by: Shri Kashi Prasad, Office staff of A.R., appeared on behalf of the assessee Shri Susanta Saha, Addl. CIT, appeared on behalf of the Revenue Date of concluding the hearing: March 10, 2025 Date of pronouncing the order: March 17, 2025 O R D E R
The present appeal is directed at the instance of assessee against the order of ld. Addl./JCIT(Appeals), Aurangabad dated 15th February, 2024 passed for Assessment Year 2014-15.
Trustee of the assessee-Trust filed a letter dated 11th February, 2012 stating that the assessee has already gone into Direct Tax Vivad Se Vishwas Scheme, 2024 (‘DTVSVS 2024’ Scheme) by filing Declaration in Form No. 1 and Form 2, and Form 1 (A.Y. 2014-2015) C.L. Agarwal Charitable Trust 3 issued by the Office of the Income Tax Appellate Tribunal and copy of appeal memos filed, Form 3 and challan evidencing the payments of taxes were made with the Competent Authority and therefore, prayed before the Bench that the assessee may be allowed to withdraw this appeal to avoid the litigation and buy peace.
On the other hand, ld. Departmental Representative did not oppose to withdraw the appeal.
I have heard the rival submissions and perused the material available on record. By considering the totality of the facts and circumstances of the case, I dismiss the appeal of the assessee as withdrawn with the liberty to the assessee to get the appeal revived by filing necessary miscellaneous application if the assessee is not successful in the VSVS-24, for any reason, whatsoever.
In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open Court on 17/03/2025.