ANIL KUMAR BHALLA,LAKHIMPUR KHERI vs. ITO RANGE-3(4), LAKHIMPUR KHERI-1

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ITA 329/LKW/2024Status: DisposedITAT Lucknow19 March 2025AY 2017-18Bench: SHRI. SUDHANSHU SRIVASTAVA (Judicial Member), SHRI ANADEE NATH MISSHRA (Accountant Member)2 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw the appeal, with liberty to approach the Tribunal again if the Vivad Se Vishwas application is not accepted. The appeal was dismissed for statistical purposes.

What were the facts?

The assessee preferred an appeal against the order dated 15.03.2024, passed by the National Faceless Appeal Centre, Delhi for Assessment Year 2017-18. The assessee had opted for the Direct Tax Vivad Se Vishwas Scheme, 2024.

What were the issues?

Whether the assessee can withdraw the appeal after opting for the Vivad Se Vishwas Scheme, and if the appeal can be dismissed for statistical purposes pending final acceptance of the scheme.

Which sections of the Income-tax Act were involved?

Section 92

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, LUCKNOW BENCH “B”, LUCKNOW

Before: SHRI. SUDHANSHU SRIVASTAVA & SHRI ANADEE NATH MISSHRA

For Appellant: Shri K. R. Rastogi, C.A
For Respondent: Shri Sunil Kumar Rajwanshi, D.R

This appeal has been preferred by the assessee against the order dated 15.03.2024, passed by the National Faceless Appeal Centre, Delhi (NFAC) for Assessment Year 2017-18.

2.

At the outset, the Ld. Authorized Representative for the assessee (Ld. A.R.) invited our attention to the application dated 29.11.2024, stating therein that the assessee has opted for Direct Tax Vivad Se Vishwas Scheme, 2024 (DTVSVS, 2024) and Form No.2 (Certificate under sub-section (1) of section 92 of the Finance (No.2) Act, 2024 under DTVSVS, 2024 has been enclosed therewith. The prayer of the assessee was that in view of the above, he may be permitted to withdraw the appeal.

3.

The Ld. CIT(D.R.) has no objection.

4.

In view of the prayer made by the assessee, we permit the assessee to withdraw the appeal and the same is consigned to the records with the liberty to the assessee to approach the Tribunal again in case the assessee’s application under Direct Tax Vivad Se Vishwas Scheme, 2024 is not finally accepted by the Department.

5.

In the result, the appeal of the assessee is dismissed for statistical purposes.

Order pronounced in the open Court on 19/03/2025.

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