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Facts
The assessee preferred an appeal against an order of the NFAC for AY 2010-11. The assessee had opted for the Direct Tax Vivad Se Vishwas Scheme, 2024, and submitted relevant forms and orders.
Held
The Tribunal permitted the assessee to withdraw the appeal, with liberty to re-approach if the Vivad Se Vishwas application is not accepted. The appeal was dismissed for statistical purposes.
Key Issues
Whether the assessee should be permitted to withdraw the appeal in light of opting for the Vivad Se Vishwas Scheme.
Sections Cited
92, 93
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, SMC BENCH, LUCKNOW
Before: SHRI. SUDHANSHU SRIVASTAVA
Assessment Year: 2010-11 Smt. Nisha Sahai v. The Income Tax Officer 301, Scotia Tower Range 1(5) Omaxe Heights, Vibhuti Khand Lucknow Gomti Nagar, Lucknow TAN/PAN:BOLPS6320D (Appellant) (Respondent) Appellant by: Shri Shubham Rastogi, C.A. Respondent by: Shri Sanjeev Krishna Sharma, D.R. Date of hearing: 28 01 2025 Date of pronouncement: 28 01 2025 O R D E R
This appeal has been preferred by the assessee against the order dated 28.02.2024, passed by the National Faceless Appeal Centre, Delhi (NFAC) for Assessment Year 2010-11.
At the outset, the Ld. Authorized Representative for the assessee (Ld. A.R.) submitted that the assessee has opted for Direct Tax Vivad Se Vishwas Scheme, 2024 (DTVSV, 2024) and copy of Form No.1 filed before the Income Tax Department, vide acknowledgement No.717444240191124 dated 19.11.2024 and copy of Form No.4 i.e. order for full and final settlement of tax arrear under sub-section (2) of section 92 read with section 93 of Finance (No.2) Act, 2024 issued by the Principal CIT, Ghaziabad (designated Authority) have also been enclosed. The prayer of the Ld. A.R. was that in view of the above, the assessee may be permitted to withdraw the appeal.
In view of the prayer made by the Ld. A.R., I permit the assessee to withdraw the appeal and the same is consigned to the records with the liberty to the assessee to approach the Tribunal again in case the assessee’s application under Direct Tax Vivad Se Vishwas Scheme, 2024 is not finally accepted by the Department.
In the result, the appeal of the assessee is dismissed for statistical purposes.
Order pronounced in the open Court on 28/01/2025.