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Facts
The assessee filed an appeal for Assessment Year 2015-16 against an order of the Pr. Commissioner of Income Tax. The assessee subsequently submitted an application to withdraw the appeal as they were opting for the Vivad Se Viswas Scheme.
Held
The Tribunal allowed the assessee's application to withdraw the appeal, dismissing it as withdrawn and not maintainable because the assessee opted for the VSVS scheme. It was clarified that the assessee could seek restoration if the dispute was not settled under VSVS.
Key Issues
Whether the assessee can withdraw an appeal to opt for the Vivad Se Viswas Scheme and if the appeal is maintainable if withdrawn under such circumstances.
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, LUCKNOW BENCH ‘A’, LUCKNOW
Before: SHRI SUDHANSHU SRIVASTAVA & SHRI ANADEE NATH MISSHRA
has been filed by the assessee for assessment year 2015-16 against impugned order dated 17/03/2021 (DIN & Order No.ITBA/REV/F/REV5/2020-21/101539008(1) of Pr. Commissioner of Income Tax.
(B) The assessee has submitted an application requesting the Bench that the assessee is in the process of settlement under Vivad Se Viswas Scheme- 2024 “(VSVS” for short) therefore, the assessee may be allowed to withdraw the appeal filed by the assessee. In view of the foregoing, the appeal of the assessee is dismissed as withdrawn and as not maintainable on account of assessee opting for VSVS.
Assessment Year:2015-16 2 (C) By way of abundant caution, we clarify that assessee will be at liberty to approach Income Tax Appellate Tribunal for restoration of appeal if it is found that the issue in dispute in present appeal is not settled under aforesaid VSVS.
(D) In the result, the appeal of the assessee is dismissed as withdrawn.
(Order was pronounced in the open court on 25/04/2025)