Facts
The assessee opted for the Direct Tax Vivad Se Vishwas Scheme, 2024, and submitted a request to withdraw the appeal. The Senior Departmental Representative had no objection to the appeal being dismissed as withdrawn.
Held
The Tribunal considered the assessee's application for withdrawal of the appeal. The appeal was dismissed as withdrawn, with liberty to both parties to seek restoration if the Vivad Se Vishwas Scheme application is not settled.
Key Issues
Withdrawal of appeal due to opting for the Direct Tax Vivad Se Vishwas Scheme.
Sections Cited
250 of the Income-tax Act, 1961
AI-generated summary — verify with the full judgment below
Before: SHRI DINESH MOHAN SINHA & SHRI BIJAYANANDA PRUSETH
आदेश / O R D E R
PER BIJAYANANDA PRUSETH, AM:
This appeal by the appellant emanates from the order passed under section 250 of the Income-tax Act, 1961 (in short, ‘the Act’) dated 06.11.2024 by the learned Commissioner of Income-tax (Appeal)/Addl/JCIT(A) - 4, Mumbai [in short, ‘CIT(A)’], for the Assessment Year (AY) 2011-12.
The learned Authorized Representative (ld. AR) of the assessee submitted that assessee has opted for the benefit of the Direct Tax Vivad Se Vishwas Scheme, 2024 (in short ‘the VSVS’). A copy of Form No.4, bearing with Acknowledgement No.874965101180225, dated 18.02.2025, was submitted by the ld. AR with a request to withdraw the appeal. This fact was confronted with the learned Senior Departmental Representative (ld. Sr. DR) for the /AY.2011-12 Rahul Rameshbhai Thakor revenue. The ld. Sr. DR for the revenue submitted that he has no objection, if the appeal of the assessee dismissed as withdrawn.
We have considered the application of assessee for withdrawal of appeal and considering the prayer of assessee, the appeal of the assessee is dismissed as withdrawn with liberty to the assessee as well as to the revenue that in case the application preferred by the assessee under DTVSV, 2024 does not get finally settled for any reason whatsoever, then both the parties are at liberty to prefer Miscellaneous Application before this Tribunal for restoration of the appeal or any further direction and in such event, the appeal shall get restored. The Assessing Officer is directed to pass the consequential order.
In the result, appeal of the assessee is dismissed as withdrawn. Order is pronounced under provision of Rule 34 of ITAT Rules, 1963 on 04/08/2025.