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Facts
The assessee filed an appeal against the order of the CIT(A) for the assessment year 2011-12. During the course of the hearing, the assessee's AR prayed for withdrawal of the appeal.
Held
The Tribunal noted that the assessee wished to withdraw the appeal to settle the dispute under the Vivad Se Vishwas Scheme. The Tribunal allowed the withdrawal of the appeal.
Key Issues
Whether the assessee is permitted to withdraw the appeal to settle the dispute under the Vivad Se Vishwas Scheme, and if so, what is the consequence.
Sections Cited
147, 148, 143(3)
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Income Tax Appellate Tribunal, JAIPUR BENCHES,”SMC” JAIPUR
Before: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA No. 1505/JP/2024
ORDER PER: RATHOD KAMLESH JAYANTBHAI, AM This appeal filed by the assessee is directed against the order of the ld. CIT(A) dated 14-11-2024, National Faceless Appeal Centre, Delhi [ hereinafter referred to as (NFAC) ] for the assessment year 2011-12 raising the grounds appeal as mentioned at Form 36. 2.1 During the course of hearing, the ld. AR of the assessee has prayed for withdrawal of the appeal vide application dated 30-01-2024 on the ground as under:- ‘’The appellant has preferred petition before the ld.PCIT, Udaipur under DTVSV Act, 1024 for settling the order being agitated in this appeal and the ld.PCIT has issued form 2 also and the appellant has deposited amount SMT. VIMLA DEVI JAIN(DECEASED) THRU’ SHRI DEVENRA JAIN (SON) VS ITO, WARD 1(2) AJMER determined therein and hence the appellant wishes to withdraw this appeal as per provisions of DTVSV Act, 2024. Your honour is sincerely requested to permit withdrawal of the instant appeal and oblige.’’ 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 available on record, it is found that the assessee is herself interested in withdrawing the appeal by settling the dispute, under Vivad Se Vishwas Scheme 2024. The Bench further feels that in case of another 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 having been withdrawn Order pronounced in the Open Court on 24 -02-2025.