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Facts
The assessee filed an appeal against the order of the CIT(A) for AY 2011-12. During the hearing, the assessee's counsel requested to withdraw the appeal as the assessee had applied under the 'Vivad Se Vishwas' scheme.
Held
The Tribunal noted that the Revenue did not object to the withdrawal application. Therefore, the appeal was dismissed as withdrawn.
Key Issues
Whether the appeal can be withdrawn by the assessee after applying under the 'Vivad Se Vishwas' scheme.
Sections Cited
254(2)
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िनधा"रती की ओर से/Assessee by : Shri Deepak Aggarwal, Advocate राज" की ओर से/ Revenue by : Shri Shakti Singh, JCIT, Sr. DR सुनवाई की तारीख/Date of Hearing : 21/01/2025 उदघोषणा की तारीख/Date of Pronouncement : 22/01/2025 आदेश/Order PER VIKRAM SINGH YADAV, A.M: The present appeal is directed at the instance of the Assessee against the order of CIT(A)-5, Ludhiana dated 20/04/2021 passed for A.Y. 2011-12.
During the course of hearing the Ld. Counsel for the Assessee 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. 12/01/2025, in response to the application filed by the assessee, therefore, the appeal of the assessee may be allowed to be withdrawn.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In view of the above, the appeal of the assessee is dismissed as withdrawn.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In light of aforesaid, the appeal of the assessee is dismissed as withdrawn.
Order pronounced in the open Court on 22/01/2025 परेश म. जोशी िव"म िसंह यादव (PARESH M. JOSHI) ( VIKRAM SINGH YADAV) "ाियक सद" / JUDICIAL MEMBER लेखा सद"/ ACCOUNTANT MEMBER