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Facts
The assessee filed an appeal against the order of the CIT(A) for Assessment Year 2012-13. During the hearing, the assessee's AR filed an application stating that the assessee had applied under the Vivad Se Vishwas Scheme 2024 and was awaiting Form No. 2.
Held
The Tribunal noted that the assessee was interested in withdrawing the appeal under the Vivad Se Vishwas Scheme. The Bench allowed the withdrawal of the appeal and granted liberty to apply for restoration if the dispute was not settled under the scheme.
Key Issues
Whether the assessee is entitled to withdraw the appeal filed before the tribunal to settle the dispute under the Vivad Se Vishwas Scheme 2024.
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, JAIPUR BENCHES,”B” JAIPUR
Before: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA No. 351/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 01-02-2024, National Faceless Appeal Centre, Delhi [ hereinafter referred to as (NFAC) ] for the assessment year 2012-13 raising the grounds appeal as mentioned at Form 36 2.1 During the course of hearing, the ld. AR of the assessee filed an application dated 04-02-2025 praying therein that the assessee has moved an application before the ld PCIT under Vivad Se Vishwas Scheme 2024 and Form No. 2 in regarding to Vivad Se Vishwas Scheme 2024 is awaited for which the assessee has filed the copy of application under the scheme made before the competent authority.
VIJETA LODHA, JAIPUR VS DCIT, CIRCLE-7, JAIPUR 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 through its application (supra) before the Bench. 2.3 After hearing both the parties and perusing the materials available on record, it is found that the assessee is itself 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 In the result, the appeal of the assessee is dismissed having been withdrawn Order pronounced in the Open Court on 05-02-2025.