M/S. AVADH SOLVEX PVT. LTD.,,BAHRAICH vs. THE DCIT, CIRCLE, GONDA

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ITA 268/LKW/2020Status: DisposedITAT Lucknow07 February 2025AY 2012-13Bench: SHRI KUL BHARAT (Vice President), SHRI ANADEE NATH MISSHRA (Accountant Member)3 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee opted for the Vivad Se Viswas Scheme and the Departmental Representative had no objection. Consequently, the appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against an order of the CIT(A) for Assessment Year 2012-13. During the hearing, the assessee submitted that they have opted for the Vivad Se Viswas Scheme-2024 and requested to withdraw the appeal.

What were the issues?

Whether the appeal can be dismissed as withdrawn on account of the assessee opting for the Vivad Se Viswas Scheme.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 KUL BHARAT & SHRI ANADEE NATH MISSHRA

For Appellant: Shri Rakesh Garg, Advocate

2012-13 against impugned appellate order dated 28/08/2020 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 15th 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In view of the foregoing, the appeal of the assessee is dismissed as withdrawn on account of assessee opting for VSVS.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(D) In the result, the appeal of the assessee is dismissed as withdrawn.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)

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