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Facts
The assessee filed an appeal against an order dated 30/11/2021. During the hearing, the assessee requested to withdraw the appeal as they had opted for the Vivad Se Viswas Scheme-2024 and received a certificate.
Held
The Tribunal allowed the assessee to withdraw the appeal, noting that the appeal was dismissed as withdrawn due to the assessee opting for the VSVS scheme. The assessee was granted liberty to seek restoration if the dispute was not settled under VSVS.
Key Issues
Withdrawal of appeal by the assessee 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 ANADEE NATH MISSHRA & SHRI SUBHASH MALGURIA
has been filed by the assessee for assessment year 2018-19 against impugned appellate order dated 30/11/2021 (DIN & Order No.ITBA/NFAC/S/250/2021-22/1037358456(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 30/12/2024 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 30th December, 2024, the assessee may be permitted to withdraw the present appeal. Copy of Form No. 1 was also enclosed. Learned D.R. expressed Assessment Year:2018-19 2 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 In view of the foregoing, the appeal of the assessee is dismissed as withdrawn on account of assessee opting for VSVS.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(D) In the result, the appeal of the assessee is dismissed as withdrawn.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 05/02/2025)