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Facts
The assessee filed an appeal against the order of the Ld. Commissioner of Income Tax(Appeals)-8 for Assessment Year 2014-15. During the appeal proceedings, the assessee's counsel submitted that the assessee opted for the Direct Tax Vivad Se Vishwas Scheme, 2024, and requested to withdraw the appeal. The Ld. D.R. for the Revenue had no objection to the withdrawal.
Held
The appeal was dismissed as withdrawn based on the assessee's request and the Revenue's no-objection, due to the assessee opting for the Vivad Se Vishwas Scheme. The Tribunal granted liberty to the assessee to seek restoration of the appeal if they fail to avail the benefits of the VSV Scheme for any bonafide reasons.
Key Issues
Whether the appeal should be dismissed as withdrawn given the assessee's decision to opt for the Direct Tax Vivad Se Vishwas Scheme.
Sections Cited
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Income Tax Appellate Tribunal, “D” BENCH, AHMEDABAD
Before: DR. BRR KUMAR & SHRI SIDDHARTHA NAUTIYAL
(Assessment Year: 2014-15) M/s. Sahajanand Laser Vs. Deputy Commissioner of Technology Ltd., Income Tax, E-30, GIDC Electronic Estate, Circle-4(1)(1), Sector-26, Gandhinagar-382028 Ahmedabad [PAN No.AAGCS1983B] (Appellant) .. (Respondent) Appellant by : Ms. Arti N. Shah, A.R. Respondent by: Shri Prathvi Raj Meena, CIT D.R. 19.02.2025 Date of Hearing Date of Pronouncement 19.02.2025 O R D E R
PER SIDDHARTHA NAUTIYAL - JUDICIAL MEMBER:
The appeal has been filed by the Assessee against the order passed by the Ld. Commissioner of Income Tax(Appeals)-8, (in short “Ld. CIT(A)”), Ahmedabad vide order dated 13.11.2019 passed for Assessment Year 2014-15.
At the outset, the Ld. Counsel for the assessee vide letter dated 19.02.2025 submitted that he has opted for Vivad Se Vishwas Scheme and consequently requested that his application for withdrawal of appeal may please be granted. The assessee has filed Form No. 1 under the Direct Tax Vivad Se Vishwan Scheme, 2024.
The Ld. D.R. 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In the light of written requests made on behalf of the captioned parties, the appeal is dismissed as withdrawn.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, both the appeal filed by the assessee is dismissed as withdrawn.
This Order pronounced in Open Court on 19/02/2025