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Facts
The assessee filed an appeal against the order of the CIT(A). 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 appeal.
Held
The Tribunal noted the assessee's request to withdraw the appeal due to opting for the Vivad Se Viswas Scheme. The Departmental Representative had no objection. The appeal was dismissed as withdrawn.
Key Issues
Whether the assessee can withdraw the appeal after opting for the Vivad Se Viswas Scheme.
Sections Cited
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Income Tax Appellate Tribunal, LUCKNOW BENCH ‘A’, LUCKNOW
Before: SHRI KUL BHARAT & SHRI ANADEE NATH MISSHRA
2018-19 against impugned appellate order dated 13/08/2021 ( DIN & Order No. ITBA/NFAC/S/250/2021- 22/1034842673(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 24/02/2025 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-1 on 19th February, 2025, the assessee may be permitted to withdraw the present appeal. Copy of Form No. 1 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 In view of the foregoing, the appeal of the assessee is dismissed as withdrawn on account of assessee opting for VSVS.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(D) In the result, the appeal of the assessee is dismissed as withdrawn.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 25/02/2025 after conclusion of hearing)