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Facts
The Assessee filed an appeal against the order of the CIT(A)/NFAC for AY 2018-19. During the hearing, the Assessee moved an application to withdraw the appeal.
Held
The Tribunal dismissed the appeal as withdrawn, noting that the Assessee had moved an application under the 'Vivad Se Vishwas, 2024' Scheme and the Income Tax Department had issued a relevant form.
Key Issues
Whether the Assessee's appeal can be dismissed as withdrawn based on their application under the 'Vivad Se Vishwas, 2024' Scheme.
Sections Cited
254(2)
AI-generated summary — verify with the full judgment below
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. 14/05/2024 passed for A.Y. 2018-19.
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. 19/03/2025, in response to the application filed by the assessee, therefore, the appeal of the assessee may be allowed to be withdrawn.
The Ld. 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In view of the above, the appeal of the assessee is dismissed as withdrawn.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In light of aforesaid, the appeal of the assessee is dismissed as withdrawn.