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Facts
The assessee filed an appeal against the order of the Commissioner of Income-tax (Appeals). The assessee sought to withdraw the appeal as the dispute was settled under the Direct Tax Vivad se Vishwas Scheme, 2024.
Held
The Tribunal permitted the assessee to withdraw the appeal after noting that the dispute was settled under the Direct Tax Vivad se Vishwas Scheme, 2024.
Key Issues
Whether the appeal can be withdrawn as the dispute has been settled under the Direct Tax Vivad se Vishwas Scheme, 2024.
Sections Cited
154, 143(1)(a), 36(1)(va)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, LUCKNOW BENCH “A”, LUCKNOW
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 28.08.2021 pertaining to the assessment year 2019-20. The assessee has raised the following grounds of appeal: - “1.That the Income Returned have been accepted.
That application filed u/s 154 should have been accepted.
The addition made by CPC was not within the preview of adjustments which could be made u/s 143(1)(a).
4. That the Learned Lower Court erred in facts and legal aspects of the case in not allowing expenses of Rs.9,92,893/- invoking section 36(1)(va).
5. That the order passed is against the merit, circumstances and legal aspects of the case.
That the appellant seeks permission to modify and/or add any other ground or grounds of appeal as the circumstances of the case might require or justify.”
Page 2 of 3 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 24.12.2024 along with Form no. 3 is placed on record. The relevant contents of the letter dated 24.12.2024 is reproduced as under: -
“The appellant opted to settle the dispute and so had opted for VSV Scheme 2024 by filing Form No. 1 on 10th Dec, 2024 vide Acknowledgement No.747767490101224. The Commissioner of Income Tax has issued form no. 2 on 20th Dec 2024 Acknowledgement No.761944441201224 (Copy of form 1 and 2 are enclosed). It is therefore prayed that the appellant as above may kindly be treated as withdrawal.” 3. The Learned Departmental Representative has no objection for withdrawal of the appeal.
In view of the facts discussed above, we permit the assessee to withdraw this appeal. Accordingly, the appeal is dismissed as withdrawn.
In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open Court on 16/01/2025.