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Facts
The assessee filed an appeal against an assessment order for A.Y. 2017-18. During the hearing, the assessee opted for the Direct Tax Vivad-se-Vishwas Scheme 2024 to settle the tax dispute and submitted an application for withdrawal of the appeal along with Form-2 issued by the designated authority.
Held
The Tribunal allowed the assessee to withdraw the appeal, as the Revenue had no objection. Consequently, the appeal was dismissed as withdrawn, with a provision for the assessee to approach the Tribunal for revival if the settlement under the scheme fails for any reason.
Key Issues
Whether an appeal filed before the Tribunal should be allowed to be withdrawn by the assessee upon opting for the Direct Tax Vivad-se-Vishwas Scheme 2024 and providing Form-2.
Sections Cited
143(3), 144C(13), 144C(5)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, Hyderabad ‘ SM/DB- ‘ Bench, Hyderabad
Before: Shri Vijay Pal Rao, Vice-Shri Manjunatha, G.
(िनधा�रण वष�/Assessment Year: 2017-18) Management Health Vs. Dy.CIT Solutions India (P) Ltd Circle 5 (1) Hyderabad Hyderabad PAN:AAJCM5602N (Appellant) (Respondent) िनधा��रती �ारा/Assessee by: C.A Tejal Saraf राज� व �ारा/Revenue by:: Shri B Bala Krishna CIT(DR) सुनवाई की तारीख/Date of hearing: 18/06/2025 घोषणा की तारीख/Pronouncement: 18/06/2025 आदेश/ORDER
Per Vijay Pal Rao, Vice President
This appeal filed by the assessee is directed against the assessment order dated, 15/02/2022 passed u/s 143(3) r.w.s. 144C(13) of the Act, in pursuant to the directions of DRP dated, 28/01/2022 passed u/s 144C(5) of the Act for the A.Y 2017-18.
At the time of hearing, the learned AR of the assessee has submitted that the assessee has opted for Direct Tax Vivad- se-Vishwas Scheme 2024 to settle the tax dispute involved in the present appeal. The learned AR has also filed an application for withdrawal of the present appeal along with Form-2 issued by the designated authority. Thus, the learned AR has pleaded that the assessee may be allowed to withdraw the present appeal.
On the other hand, the learned DR has raised no objection if the present appeal of the assessee is dismissed as withdrawn in view of the fact that the assessee has opted for Direct Tax Vivad-se-Vishwas Scheme 2024 to settle the tax dispute.
Having considered the rival submission and careful perusal of the record filed by the assessee regarding the settlement of dispute under the Direct Tax Vivad-se-Vishwas Scheme 2024, we find that the designated authority has issued Form-2 dated 7/3/2024 giving the reference of the present appeal for the tax dispute which is opted by the assessee to settle the tax under the said scheme. Accordingly, in view of the application of the assessee for withdrawal of the present appeal as well as Form- 2 issued by the designated authority, the assessee is allowed to withdraw the present appeal and consequently, the present appeal of the assessee is dismissed being withdrawn. In case the tax dispute involved in this appeal is not settled under the Direct
Page 2 of 3 Tax Vivad-se-Vishwas Scheme 2024 for any reason, the assessee may approach the Tribunal for revival of the appeal subject to limitation.
In the result, appeal filed by the assessee is dismissed being withdrawn.