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Facts
The assessee filed an appeal against an order of the Ld. CIT(A) for Assessment Year 2015-16. During the hearing, the assessee submitted an application seeking to withdraw the appeal, stating they had opted to settle the dispute under the Direct Tax Vivad se Vishwas (DTVSV) 2024 scheme.
Held
The Tribunal dismissed the appeal as withdrawn, noting that the Senior DR had no objection to the withdrawal. It further held that if the assessee fails to avail the benefits of the DTVSV scheme due to any technicalities, they would be at liberty to get the appeal revived by filing a Miscellaneous Application under Section 254(2) of the Act.
Key Issues
Whether to permit the withdrawal of an appeal by the assessee who has opted for the Direct Tax Vivad se Vishwas (DTVSV) 2024 scheme, and to provide for its revival under specific conditions.
Sections Cited
254(2)
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िनधा"रती की ओर से/Assessee by : None( Withdrawal Application) राज" की ओर से/ Revenue by : Dr. Ranjit Kaur, Addl. CIT, Sr. DR (Virtual Mode) सुनवाई की तारीख/Date of Hearing : 30/04/2025 उदघोषणा की तारीख/Date of Pronouncement : 30/04/2025 आदेश/Order PER LALIET KUMAR, J.M:
The present appeal is directed at the instance of the Assessee against the order of ld. CIT(A)/NFAC Delhi dt. 22/10/2024 passed for A.Y. 2015-16. 2. During the course of hearing none appeared on behalf of the Assessee. However the assessee moved an application wherein the Ld. Counsel for the Assessee submitted as under:
Sub: Request to withdraw appeal due to exercise of option under DTVSV 2024. Ref: Date of Hearing 15th May 2025 Hon’ble Members, Kind attention is invited that above appeal is pending before Hon’ble Bench and fixed for hearing 15th May 2025. That assessee has preferred to settle the dispute under DTVSV 2024 and filed Form 3 before PCIT. A copy of form 3 is attached herewith.
It is humbly requested to treat the appeal as withdrawn and to kindly pass appropriate order.
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In view of the above, the appeal of the assessee is dismissed as withdrawn.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.