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Income Tax Appellate Tribunal, “D” BENCH, AHMEDABAD
Before: SMT. ANNAPURNA GUPTA & SHRI SIDDHARTHA NAUTIYAL
PER SIDDHARTHA NAUTIYAL - JUDICIAL MEMBER:
This appeal has been filed by the Assessee against the order passed by the Ld. Commissioner of Income Tax(Appeals), (in short “Ld. CIT(A)”), National Faceless Appeal Centre (in short “NFAC”), Delhi vide order dated 17.10.2023 passed for Assessment Year 2013-14. 2. The assessee filed written submission to withdraw the appeal on the ground that they have opted to avail benefits of Vivad se Vishwas Scheme, 2024 and in their submissions, the assessee have also enclosed the copies of Form Nos.1, 2, 3 and 4 issued by the Pr. CIT of Income Tax for approving the applications filed by the assessee under the Vivad se Vishwas Scheme, 2024. When the matter was called for hearing, the Ld. counsel for the assessee at the outset have submitted that they do not want to pursue the said appeal since their application under Vivad se Vishwas Scheme, 2024 have been approved by the Income Tax Department and requested that their applications for withdrawal of appeals may please be granted.
The Ld. Departmental Representative for the Revenue stated that he has no objection to withdraw the appeals in the circumstances narrated on behalf of the assessee.
We have considered the submission and application of the assessee for withdrawal of the appeal as their application has been approved under Vivad se Vishwas Scheme, 2024. A reference has been made in sub-Section (2) of Section 92 of Finance (No.2) Act, 2024 under the Direct Tax Vivad se Vishwas Scheme, 2024 for the purpose of withdrawal of appeal. In the light of the provision made in the scheme and after considering the material on record, the aforesaid request for withdrawal of appeal of the assessee to avail the VSV Scheme, 2024 in accordance with law is allowed. However, in case, any issue is remained un-resolved under the said scheme, then, the assessee will be at liberty to file the Miscellaneous Application to recall this order to restore the original appeal within the time limit provided in the Act.
In the result, the captioned appeal is dismissed as withdrawn. This Order pronounced in Open Court on 27/02/2025 (ANNAPURNA GUPTA) ACCOUNTANT MEMBER Ahmedabad; Dated 27/02/2025 TANMAY, Sr. PS(SIDDHARTHA NAUTIYAL) JUDICIAL MEMBER