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Facts
The assessee filed an appeal against the order dated 29/10/2024. During the hearing, the assessee requested withdrawal of the appeal to avail the benefit of the new Vivad Se Vishwas Scheme. The assessee had already applied under the scheme.
Held
The assessee requested to withdraw the appeal to settle it under the Vivad Se Vishwas Scheme. The Departmental Representative did not object to the request. The Tribunal granted liberty to revive the appeal if the scheme settlement is unsuccessful.
Key Issues
Whether the appeal can be withdrawn to avail the benefit of the Vivad Se Vishwas Scheme.
Sections Cited
Vivad Se Vishwas Scheme
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, NAGPUR BENCH, NAGPUR
Before: SHRI V. DURGA RAO
This appeal by the assessee is against the impugned order dated 29/10/2024, passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, [“learned CIT(A)”], for the assessment year 2018–19.
2. During the course of hearing, the learned Authorised Representative for the assessee furnished application dated 03/02/2025, for withdrawal of the appeal, as the assessee wish to avail the benefit of new Vivad Se Vishwas Scheme made available by the statue in the Budget-2024. The contents of the application is reproduced below:-
2 Aditya Urban Co–operative Society Ltd. ITA no.613/Nag./2024 “The Assessee respectfully submits that, it had filed an appeal before the Hon'ble Income-tax Appellate Tribunal in which is pending for disposal.
The Assessee wishes to settle appeal under VSVS Scheme. The assessee has already applied under VSVS Scheme and is awaiting Form 4 from Department. The assessee requests your Honour to accept the assessees withdrawal request and pass an appropriate order. Kindly grant liberty to revive this appeal in case the issue is not settled under VSVS Scheme.”
The learned Departmental Representative did not raise any objection to the submissions made by the assessee.
In view of the request made by the learned Authorised Representative for the assessee as cited supra, the appeal for the years under consideration is liable to be dismissed. However, the assessee is hereby granted liberty to get these appeal revived by filing necessary Misc. Application, if the assessee is not successful in the VSVS-24 Scheme for any reason whatsoever.
In the result, appeal by the assessee stands dismissed as withdrawn. Order pronounced in the open Court on 10/02/2025