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Facts
The assessee filed an appeal against a penalty order for Assessment Year 2012-13. The assessee had opted for the Vivad Se Vishwas Scheme and requested withdrawal of the appeal.
Held
The Tribunal allowed the appeal to be dismissed as withdrawn, noting that the assessee had opted for the Vivad Se Vishwas Scheme. The Tribunal also granted liberty to seek restoration if the VSV benefits could not be availed.
Key Issues
Whether the appeal can be dismissed as withdrawn due to opting for the Vivad Se Vishwas Scheme.
Sections Cited
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Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD
Before: DR. BRR KUMAR & MS SUCHITRA KAMBLE
IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, AHMEDABAD BEFORE DR. BRR KUMAR, VICE PRESIDENT & MS SUCHITRA KAMBLE, JUDICIAL MEMBER (Assessment Year: 2012-13) Century Tradeserve Limited, Vs. National Faceless Appeal 405, Asiatic Trade Centre, Centre(NFAC), Delhi Nr. Jain Temple, (Present Jurisdiction Navrangpura, Income Tax Officer, Ahmedabad-390009. Ward-1(1)(3), Ahmedabad. [PAN No.AAACC7700Q] (Appellant) (Respondent) .. Appellant by : Shri Biren Shah, AR Respondent by: Shri Sudhakar Verma, Sr.DR Date of Hearing 10.03.2025 Date of Pronouncement 12.03.2025 O R D E R PER: DR. BRR KUMAR, VICE PRESIDENT:
This appeal has been filed by the Assessee against the penalty order passed by the Ld. Commissioner of Income Tax (Appeals)/National Appeal Centre vide order dated 29.01.2022 passed for the Assessment Year 2012-13.
At the outset, the Ld. Counsel for the assessee submitted that he has opted for Vivad Se Vishwas Scheme and consequently requested that his application for withdrawal of Asst.Year –2012-13 - 2– appeal may please be granted. The assessee has filed Form No.1 under the Direct Tax Vivad Se Vishwas Scheme, 2024.
The ld. Departmental Representative for the Revenue stated that he has no objection to withdraw the appeal in the circumstances narrated on behalf of the assessee.
In the light of written requests made on behalf of the captioned parties, the appeal is dismissed as withdrawn. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any bonafide reasons, then the assessee concerned will be at liberty to seek restoration of original appeal for hearing before ITAT in accordance with law.
In the result, the appeal filed by the Assessee is hereby dismissed as withdrawn.