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Facts
The assessee filed an appeal against the order of the CIT(A)/NFAC concerning the assessment year 2017-18. The assessee raised several grounds including appreciation of facts, opportunity of being heard, and alleged errors in invoking Section 69A of the Income-tax Act.
Held
The assessee's counsel submitted that the dispute has been settled under the Direct Tax Vivad se Vishwas Scheme, 2024, and requested to withdraw the appeal. The Departmental Representative had no objection.
Key Issues
Whether the appeal can be withdrawn as the dispute has been settled under the Vivad se Vishwas Scheme. Whether the grounds raised by the assessee warrant interference.
Sections Cited
69A
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, LUCKNOW BENCH “SMC”, LUCKNOW
Before: SHRI KUL BHARAT
PER KUL BHARAT, VICE PRESIDENT.:
This appeal, by the assessee, is directed against the order of the Learned Commissioner of Income-tax (Appeals)/National Faceless Appeal Centre (NFAC), Delhi dated 23.10.2024 pertaining to the assessment year 2017-18. The assessee has raised the following grounds of appeal: -
1. Because the Learned “CIT (Appeal)” failed to appreciate the full facts and the circumstances of the case while completing the assessment on Rs. 9,24,000/- against the returned income of Rs. 1,80,500/-.
2. Because the Learned officer and the ‘Learned CIT (Appeals) National Faceless Appeal Center’ erred is not providing reasonable and proper opportunity before completing the order.
3. Because the Learned officer and the ‘Learned CIT (Appeals) National Faceless Appeal Center’ erred both on facts and in law in making an addition of Rs. 7,43,500/- on account of addition by invoking the provision of under section 69A of the Income-tax Act 1961.
4. Because the Learned officer and the ‘Learned CIT (Appeals) National Faceless Appeal Center’ erred both on facts and in law in passing order against the settled judicial matter as pronounced by Hon‘ble ITAT before Shri Sandeep Singh Karhail, judicial member and Shri Gagan Goyal, accountant member ITA No.1102/Mum./2022 (Assessment Year : 2017-18) 5. Because the Learned officer and the ‘Learned CIT (Appeals) National Faceless Appeal Center, is without any merits and in simple based on mere hypothesis, conjuncture & surmises and needs to be cancelled and the income as returned by the appellant be accepted.
6. Because no proper reasons has been forwarded both by the assessing officer and by the Ld. CIT (Appeal) National Faceless Appeal Center. In making and confirming and has relied on wrong facts and based on presumption.
Page 2 of 3 7. Because order of the Learned CIT (Appeal) National Faceless Appeal Center is arbitrary, capricious, misconceived, erroneous and against the principal of natural justice. 8. Because the above grounds of appeal will be argued in detail at the time of hearing and the assessee craves leave to submit addition ground of appeal if any and/or amend, vary, modify, alter the grounds of appeal at or before the time of hearing.”
2. At the outset, the Ld. Counsel for the assessee submitted that the dispute has been settled under the Direct Tax Vivad se Vishwas Scheme, 2024 and prayed for withdrawal of the appeal. And a letter dated 20.01.2025 along with Form no. 3 is placed on record. The relevant contents of the letter dated 20.01.2025 is reproduced as under: -
“It is humbly requested before your honor that the date of hearing of the above mentioned appeal fixed for today may kindly be withdrawn as the appellant do not want to press appeal. As appellant go to Vivad se Vishwas Scheme 2024. So your honour that the appellant wanted to withdrawn his appeal due to Vivas se Vishwas Scheme 2024 form no. 3 are enclosed herewith for peruses verification.” 3. The Learned Departmental Representative has no objection for withdrawal of the appeal.
In view of the facts discussed above, I permit the assessee to withdraw this appeal. Accordingly, the appeal is dismissed as withdrawn. However, a liberty is given to the assessee for approaching the Tribunal for restoration of this appeal in the event of failure of settlement of tax disputes.
In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open Court on 23/01/2025.