Loading judgment…
Facts
The assessee filed an appeal against the impugned appellate order for assessment year 2019-20. During the hearing, it was noted that the assessee had opted for the Vivad Se Viswas Scheme and received a certificate, requesting to withdraw the present appeal.
Held
The Tribunal noted that the assessee had opted for the Vivad Se Viswas Scheme and received a certificate, and the Department had no objection to the withdrawal. Therefore, the appeal was dismissed as withdrawn.
Key Issues
Whether the appeal can be dismissed as withdrawn due to the assessee opting for the Vivad Se Viswas Scheme.
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 2019-20 against impugned appellate order dated 19/08/2021 (DIN & Order No.ITBA/NFAC/S/250/2021- 22/1034982431(1) of 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 20/12/2024 requesting the Bench that since the assessee has opted for Vivad Se Viswas Scheme-2024 “(VSVS” for short)
Assessment Year:2019-20 2 and designated authority has issued certificate in Form No. 1 on 18/12/2024, the assessee may be permitted to withdraw the present appeal. Copy of Form No. 1 was also enclosed. Learned D.R. 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 In view of the foregoing, the appeal of the assessee is dismissed as withdrawn on account of assessee opting for VSVS.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(D) In the result, the appeal of the assessee is dismissed as withdrawn.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 was pronounced in the open court on 03/03/2025)