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Facts
The assessee filed an appeal for assessment year 2017-18. During the hearing, it was noted that the assessee had opted for the Vivad Se Viswas Scheme-2024 and received a certificate. The assessee requested to withdraw the appeal.
Held
The Tribunal allowed the assessee to withdraw the appeal as it was dismissed as withdrawn on account of opting for the Vivad Se Viswas Scheme. The assessee was granted liberty to seek restoration if the dispute was not settled under the scheme.
Key Issues
Whether the assessee can withdraw an appeal after 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
2017-18 against impugned appellate order dated 12/02/2024 (DIN & Order No.ITBA/NFAC/S/250/2023- 24/1060785954(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 12/02/2025 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-2 on 10th February, 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 In view of the foregoing, the appeal of the assessee is dismissed as withdrawn on account of assessee opting for VSVS.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(D) In the result, the appeal of the assessee is dismissed as withdrawn.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 was pronounced in the open court on 13/02/2025)