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Facts
The assessee filed an appeal for assessment year 2012-13 against an order of the CIT(A). During the hearing, the assessee stated they opted for the Vivad Se Viswas Scheme-2024 and requested to withdraw the appeal.
Held
The Tribunal allowed the assessee's request to withdraw the appeal as they had opted for the Vivad Se Viswas Scheme-2024. The assessee was granted liberty to approach the Tribunal for restoration if the issue was not settled under the scheme.
Key Issues
Whether the assessee can withdraw the appeal upon opting for the Vivad Se Viswas Scheme-2024.
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, LUCKNOW BENCH ‘B’, LUCKNOW
Before: SHRI KUL BHARAT & SHRI ANADEE NATH MISSHRA
2012-13 against impugned appellate order dated 07/09/2020 passed by learned Commissioner of Income Tax (Appeals) [“CIT(A)” for short].
(B) During the course of hearing, learned Counsel for the assessee submitted that the assessee has opted for Vivad Se Viswas Scheme-2024 and requested 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 10th 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In view of the foregoing, the appeal of the assessee is dismissed as withdrawn on account of assessee opting for VSVS.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(D) In the result, the appeal of the assessee is dismissed as withdrawn.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 07/02/2025)