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Facts
The assessee filed an appeal against an order from the JCIT(A) that partly allowed their appeal against an AO's order. The assessee had also filed an application for settlement under the Vivad Se Vishwas Scheme.
Held
The assessee's Authorized Representative submitted an application to withdraw the appeal as they had opted for the Vivad Se Vishwas Scheme. The Revenue had no objection to the withdrawal.
Key Issues
Whether the appeal can be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.
Sections Cited
250, 154, 143(1)(a), 36(1)(va)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, LUCKNOW ‘B’ BENCH, LUCKNOW
O R D E R PER NIKHIL CHOUDHARY, A.M. This is an appeal filed by the assessee against the order of the ld. JCIT(A), Thane, dated 03.05.2024 passed under section 250 of the Income Tax Act, 1961 partly allowing the appeal of the assessee which was filed against the order of the ld. AO under section 154 dated 29.04.2022. The grounds of appeal
are as under:- “1. That the income returned should have been accepted.
2. That application filed under section 154 should have been accepted.
3. The addition made by CPC was not within the preview of adjustments which could be made under section 143(1)(a).
4. That the Learned Lower Court erred in facts and legal aspects of the case in not allowing expenses of Rs. 833161/- invoking section 36(1)(va),
5. That the order passed is against the merit, circumstances and legal aspects of the case.
5. That the appellant seeks permission to modify and/or add any other ground or grounds of appeal as the circumstances of the case might require or justify.”
1 A.Y. 2020-21 Gyan Cirkitronics Pvt. Ltd.
At the time of hearing, the ld. AR Sh. Ashwani Kumar, filed an application on behalf of the assessee in which it was submitted as under:- “Hon'ble Sir, The Appellant opted to settle the dispute and so had opted for VSV Scheme 24 by filing Form No 1 on 28 Jan 2025 vide Acknowledgement No 846610790280125. The Commissioner of Income Tax has issued form No 2 on 05th Feb, 25 Acknowledgement No 860374561050225 (Copy of form 2 are enclosed) of form. It is therefore prayed that the appeal as above may kindly be treated as withdrawal.”
Sh. Sunil Kumar Rajwanshi, ld. Addl CIT DR had no objection to the withdrawal of the appeal.
Accordingly, in view of the above, the appeal of the assessee is dismissed as withdrawn with liberty to the assessee to approach the Tribunal again in case the application for settlement under the Vivad Se Vishwas Scheme is not accepted by the Department.
In the result, the appeal of the assessee is dismissed. Order pronounced on 21.05.2025 in the open Court. [KUL BHARAT] [NIKHIL CHOUDHARY] VICE PRESIDENT ACCOUNTANT MEMBER DATED: 21/05/2025 Sh