GENEX FOODS P.LTD,NEW DELHI vs. ITO, WARD-12(1), NEW DELHI

This appeal is preferred by the assessee against the order dated 30.07.2018 of the Commissioner of Income-tax (Appeals)-35, New Delhi (hereinafter referred to as the Ld. First Appellate Authority or ‘the Ld. FAA’, for short) in Appeal No. 400/16-17 arising out of the appeal before it against the order dated 30.12.2010 passed u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred as ‘the Act’) by the ITO, Ward 12(1), New Delhi (hereinafter referred to as the Ld. AO).

At the time of hearing none has appeared for the assessee. However, we find that vide an application dated 21.04.2025 placed on record, it was submitted out on behalf of the assessee that the assessee has approached the competent authority for taking benefit of Direct Tax Vivad Se Vishwas Scheme, 2024 by submitting Form 1. It was also brought to our knowledge that relevant forms have been issued in favour of the assessees. It was also submitted that the appeal will be settled according to the Direct Tax Vivad Se Vishwas Scheme, 2024 and, therefore, a request was made for withdrawal of the appeal with liberty to approach the Tribunal in case the appeal is not settled. The ld. DR had no objection to the withdrawal.

In the light of the aforesaid, the appeal referred in the title above is allowed to be withdrawn and accordingly is dismissed as withdrawn. However, in case the assessee or the Department is not satisfied with the final outcome of the Direct Tax Vivad Se Vishwas Scheme, 2024 proceedings, both the parties will be at liberty to get the appeal restored for decision on merits.