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Facts
The assessee filed an appeal against the CIT(A)'s order dated 31.08.2023 for AY 2018-19, which upheld an addition of Rs. 1,08,48,372/-. Subsequently, the assessee opted for the Direct Tax Vivad se Vishwas Scheme, 2024, and sought to withdraw the appeal, a request to which the Departmental Representative had no objection.
Held
The Tribunal allowed the assessee to withdraw the appeal, thereby dismissing it as withdrawn. The assessee was granted liberty to seek restoration of the appeal if the settlement under the scheme fails.
Key Issues
Whether the assessee's appeal, filed against an addition made by the CIT(A), should be permitted to be withdrawn following the assessee's opting for the Direct Tax Vivad se Vishwas Scheme, 2024.
Sections Cited
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Income Tax Appellate Tribunal, LUCKNOW BENCH “A”, LUCKNOW
PER KUL BHARAT, VICE PRESIDENT.:
This appeal, by the assessee, is directed against the order of the Learned Commissioner of Income-tax (Appeals)/National Faceless Appeal Centre (NFAC), Delhi dated 31.08.2023, pertaining to the assessment year 2018-19. The assessee has raised the following grounds of appeal: - “1.Ld. CIT(A)-1, Lucknow erred on facts and in law in upholding the addition of Rs.1,08,48,372/-.
2. Ld. CIT(A)-1, Lucknow erred on facts and in law in not appreciating the fact that the assessee submitted that the delay in registry of plot was due to delay caused by the Builder. Therefore denied natural justice and fair play.
3. The order appealed against is contrary to facts, laws and principles of natural justice.”
At the outset, the Ld. Counsel for the assessee submitted that the dispute has been settled under the Direct Tax Vivad se Vishwas Scheme, 2024 and prayed for withdrawal of the appeal. And a letter dated 18.02.2025 along with Form no. 2 is placed on “I, the Appellant in the above-mentioned appeal, writing to formally withdraw the appeal filed before the Hon'ble ITAT against order dated 31st Aug, 2023, bearing Appeal No. ITA 337/LKW/2023. The hearing of the said appeal is scheduled for 19th Feb, 2025. However, I had opted for the Dispute Resolution Scheme-DTVSV 2024 as per the provisions laid down under the scheme and have accordingly submitted an application for withdrawal of the appeal dated 31st Jan, 2025. A copy of the withdrawal application already submitted is enclosed herewith for your reference. Further, the Designated Authority has issued Form 2 under the DTVSV 2024 scheme dated 02nd Jan, 2025, acknowledging the acceptance of DTVSV 2024 application. A copy of the same is enclosed for your kind perusal. In the light of the above, I request the Hon'ble Tribunal to kindly consider this appeal as withdrawn. I shall comply with further formalities as may be required in this regard.”
The Learned Departmental Representative has no objection for withdrawal of the appeal.
In view of the facts discussed above, we permit the assessee to withdraw this appeal. Accordingly, the appeal is dismissed as withdrawn. However, a liberty is given to the assessee for approaching the Tribunal for restoration of this appeal in the event of failure of settlement of tax disputes.
In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open Court on 19/03/2025.