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Facts
The assessee filed an appeal against the assessment order for the year 2018-19. During the hearing, the assessee applied to withdraw the appeal as they had opted for the Vivad Se Viswas Scheme and received a certificate. The Revenue had no objection to the withdrawal.
Held
The Tribunal noted the assessee's application to withdraw the appeal due to opting for the Vivad Se Viswas Scheme. The Revenue had no objection, and thus the appeal was dismissed as withdrawn. The Tribunal also clarified that the Revenue can seek restoration if the dispute is not settled under the scheme.
Key Issues
Whether the appeal can be dismissed as withdrawn when the assessee opts for the Vivad Se Viswas Scheme.
Sections Cited
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Income Tax Appellate Tribunal, LUCKNOW BENCH ‘B’, LUCKNOW
Before: SHRI KUL BHARAT & SHRI ANADEE NATH MISSHRA
2018-19 against impugned appellate order dated 20/08/2024 ( DIN & Order No. ITBA/NFAC/S/250/2024- 25/1067778492(1) passed by learned 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 07/01/2025 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 30th December, 2024, the assessee may be permitted to withdraw the present appeal. Copy of Form No. 2 was also enclosed. Learned D.R. 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 In view of the foregoing, the appeal of the assessee is dismissed as withdrawn on account of assessee opting for VSVS.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 Revenue 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(D) In the result, the appeal of the assessee is dismissed as withdrawn.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 21/01/2025)