SAI VISION BEVERAGE, ,LUCKNOW vs. INCOME TAX OFFICER-2(1), LUCKNOW

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ITA 755/LKW/2024Status: HeardITAT Lucknow12 February 2025AY 2015-16Bench: SHRI SUDHANSHU SRIVASTAVA (Judicial Member), SHRI ANADEE NATH MISSHRA (Accountant Member)1 pages
AI SummaryWithdrawn

What did the Tribunal hold?

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 The appeal was dismissed as withdrawn.

What were the 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.

What were the issues?

Whether the assessee can withdraw the appeal due to opting for the Vivad Se Viswas Scheme.

Which sections of the Income-tax Act were involved?

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 Raghu Nath Mishra, Advocate

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 In view of the foregoing, the appeal of the assessee is dismissed as withdrawn on account of assessee opting for VSVS.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(D) In the result, the appeal of the assessee is dismissed as withdrawn.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)

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