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Facts
The assessee sought to withdraw the appeal, having opted to settle the dispute under the Vivad Se Vishwas Scheme. Form 1 was filed, and Forms 2 and 3 were awaited/yet to be filed.
Held
The Tribunal allowed the withdrawal of the appeal, noting the assessee's intention to settle the dispute under the Vivad Se Vishwas Scheme. Liberty was granted to seek restoration if the settlement was not finalized.
Key Issues
Whether the appeal can be withdrawn by the assessee for settlement under Vivad Se Vishwas Scheme.
Sections Cited
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Income Tax Appellate Tribunal, JAIPUR BENCHES,”B” JAIPUR
Before: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. No. 968/JPR/2024
fu/kZkj.k o"kZ@Assessment Year : 2017-18 cuke Ram and Amit Gupta Memorial Trust The ITO X Shipra Path, Opp. V.T. Road, Vs. Ward-1 Exemption, Jaipur. Mansarovar, Jaipur 302 020 LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAATR2506C vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri Shrawan Kumar Gupta, Adv. jktLo dh vksj ls@ Revenue by : Shri P.P. Meena, CIT -DR a lquokbZ dh rkjh[k@ Date of Hearing : 04/02/2025 mn?kks"k.kk dh rkjh[k@Date of Pronouncement : 26 /03/2025 vkns'k@ ORDER PER: DR. S. SEETHALAKSHMI, J.M. This appeal filed by the assessee is directed against the order of the ld. CIT(A) dated 05-06-2024, National Faceless Appeal Centre, Delhi [ hereinafter referred to as (NFAC) ] for the assessment year 2017-18 raising therein following grounds of appeal as mentioned at Form 36.
2.1 During the course of hearing, the ld. AR of the assessee prayed for withdrawal of the appeal and submitted that the assessee has opted to settle the issue under Vivad Se Vishwas Scheme by filing Form 1 DTVSV 2024 and further submitted that Form No. 2 is awaited from the Department and also Form 3 is yet to be filed.
Ram And Amit Gupta memorial Trust 2.2 On the other hand, the ld. DR did not raise any objection to the submissions made by the ld. AR of the assessee before the Bench. 2.3 After hearing both the parties and perusing the materials made available on record, it is found that the assessee is himself interested in withdrawing the appeal by settling the dispute, under Vivad Se Vishwas Scheme 2024. The Bench further feels that in case of any other reasons the dispute is not settled in Vivad Se Vishwas Scheme 2024, the assessee shall be at liberty to apply for restoration of the appeal in accordance with law. In this view of the matter, the Bench allows the withdrawal of the appeal filed by the assessee on above count. 3.0. In the result, the appeal of the assessee is dismissed as having been withdrawn. Order pronounced in the Open Court on 26-03-2025.