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Facts
The assessee filed an appeal for AY 2019-20. During the hearing, the assessee submitted an application to withdraw the appeal as they had opted for the Vivad Se Viswas Scheme-2024.
Held
The Tribunal allowed the assessee to withdraw the appeal after noting that the revenue had no objection and that the assessee had opted for the VSVS scheme.
Key Issues
Whether the appeal can be withdrawn by the assessee due to opting for the Vivad Se Viswas Scheme.
Sections Cited
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Income Tax Appellate Tribunal, LUCKNOW BENCH ‘B’, LUCKNOW
Before: SHRI SUDHANSHU SRIVASTAVA & SHRI ANADEE NATH MISSHRA
2019-20 against impugned appellate order dated 24/08/2022 ( DIN & Order No. ITBA/NFAC/S/250/2022- 23/1044882246(1) passed by learned Commissioner of Income Tax (Appeals) [“CIT(A)” for short].
(B) During the course of hearing, it was noticed that the assessee has submitted an application dated 03/01/2025 requesting the Bench that since the assessee has opted for Vivad Se Viswas Scheme-2024 (“VSVS” for short) and designated authority has issued certificate in Form-2 on 2nd January, 2025, the assessee may be permitted to withdraw the present appeal. Copy of Form No. 2 was also enclosed. Learned Departmental Representative for Revenue expressed no objection. In view of the foregoing, the appeal of the assessee is dismissed as withdrawn on account of assessee opting for VSVS.
(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(D) In the result, the appeal of the assessee is dismissed as withdrawn.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 pronounced in the open court on 12/03/2025)