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Facts
The Assessee filed an appeal against the order of the CIT(A)/NFAC for Assessment Year 2012-13. During the hearing, the Assessee's counsel submitted that an application was moved under the Direct Tax 'Vivad Se Vishwas, 2024' Scheme and sought permission to withdraw the appeal.
Held
The Tribunal noted that the Revenue did not object to the withdrawal application. Consequently, the appeal was dismissed as withdrawn. However, the Assessee was granted liberty to revive the appeal by filing a Miscellaneous Application if they failed to avail the scheme's benefit due to technicalities.
Key Issues
Whether the appeal can be withdrawn by the assessee due to the application filed under the Vivad Se Vishwas Scheme.
Sections Cited
254(2)
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िनधा"रती की ओर से/Assessee by : Shri Bhavya Mangla, Advocate and Shri Man Mohan Mangla, Advocate राज" की ओर से/ Revenue by : Dr. Ranjit Kaur, Addl. CIT, Sr. DR सुनवाई की तारीख/Date of Hearing : 19/05/2025 उदघोषणा की तारीख/Date of Pronouncement : 21/05/2025 आदेश/Order PER LALIET KUMAR, J.M: This is an appeal filed by the Assessee against the order of the Ld. CIT(A)/NFAC, Delhi dt. 22/10/2024 pertaining to Assessment Year 2012-13.
During the course of hearing Ld. Counsel for the Assessee moved an application wherein he submitted that since the assessee has moved an application under “The Direct Tax ‘Vivad Se Vishwas, 2024” Scheme and the Income Tax Department has since issued Form No. 2 dt. 10/02/2025, in response to the application filed by the assessee, therefore, the appeal of the assessee may be allowed to be withdrawn.
The Ld. Sr. DR, on the other hand, was unable to controvert the facts submitted by the Assessee and didn’t object to application seeking withdrawal of the subject appeal.
In view of the above, the appeal of the assessee is dismissed as withdrawn. However, it is observed that in case Assessee fails to avail the benefit of this scheme due to any technicalities, then Assessee will be at liberty to get this appeal revived by filing a Misc. Application. This application should be filed within limitation period provided u/s 254(2) of the Act.
In light of aforesaid, the appeal of the assessee is dismissed as withdrawn.