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Facts
The assessee filed an appeal against an order of the CIT(A). During the hearing, the assessee submitted an application for withdrawal of the appeal as they had opted for the Vivad Se Viswas Scheme.
Held
The Tribunal permitted the assessee to withdraw the appeal, noting that the assessee had obtained certificates under the Vivad Se Viswas Scheme and the D.R. had no objection. The appeal was dismissed as withdrawn.
Key Issues
Whether the assessee can withdraw the appeal 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
2015-16 against impugned appellate order dated 10/12/2024 (DIN & Order No.ITBA/NFAC/S/250/2024- 25/1071067575(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 24/01/2025 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 No. 1 on 09/01/2025 and Form No. 2 on 23/01/2025, the assessee may be permitted to withdraw the present appeal. Copy of Form No. 1 and Form 2 were 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 In view of the foregoing, the appeal of the assessee is dismissed as withdrawn on account of assessee opting for VSVS.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 issues in dispute in present appeal are 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(D) In the result, the appeal of the assessee is dismissed as withdrawn.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 12/02/2025)