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Facts
The assessee filed an appeal against an NFAC order for AY 2021-22. During the appeal proceedings, the assessee informed the Tribunal that it had opted for the Vivad Se Vishwas Scheme and had received Form 2, thereby requesting to withdraw the appeal.
Held
The Tribunal acknowledged the assessee's withdrawal request and the receipt of Form 2 under the Vivad Se Vishwas Scheme. Consequently, the appeal was dismissed as withdrawn, with the assessee retaining the liberty to approach the Tribunal if any adverse order is passed under the Scheme.
Key Issues
Whether an appeal should be dismissed as withdrawn when the assessee has opted for the Vivad Se Vishwas Scheme and received Form 2 for settlement of tax liability.
Sections Cited
143(3), 144C(13), 144B, 91, 91(2), 91(3), 92(1)
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Income Tax Appellate Tribunal, COCHIN BENCH : COCHIN
Before: SHRI INTURI RAMA RAO & SHRI SOUNDARARAJAN K.
ORDER
PER SOUNDARARAJAN K., JUDICIAL MEMBER
This is an appeal filed by the assessee challenging the order of the NFAC, Delhi dated 17/09/2024 in respect of the A.Y. 2021-22.
When the appeal came up for hearing we noticed that the assessee filed a letter dated 21/01/2025 which reads as under:
The assessee by way of their letter dated 21/01/2025 had requested for the withdrawal of the appeal pending before this Tribunal on the ground that the assessee had opted for the Direct Tax Vivad Se Vishwas Scheme, 2024 and also furnished the form – 2 issued by the Department on 10/01/2025.
The Ld.AR submitted that the appeal of the assessee may be dismissed as withdrawn.
5. We heard Ld D.R, who did not object to the prayer of the assessee. We have perused the said letter and recorded the request made by the assessee. We have also perused the Form 2 issued by the authority from which we came to understand that the assessee had opted to avail the benefit conferred under the VSVS scheme. In such circumstances there is no purpose in keeping the matter pending before this Tribunal. We, therefore, dismiss the appeal as withdrawn with liberty to approach this Tribunal in case of any adverse order has been passed by the authorities under the Scheme.
In the result, the appeal of the assessee is dismissed as withdrawn.
Order pronounced in the open court on 28th April, 2025.