Facts
The assessee filed two appeals against orders passed by the Ld. CIT(A) for Assessment Years 2013-14 & 2014-15. The assessee sought to withdraw these appeals as they had opted to avail the benefit of the Vivad se Vishwas Scheme, 2024.
Held
The Tribunal considered the assessee's application for withdrawal of the appeals, noting that the application was approved under the Vivad se Vishwas Scheme, 2024. The Departmental Representative had no objection to the withdrawal.
Key Issues
Whether the assessee can withdraw the appeals to avail the benefit of the Vivad se Vishwas Scheme, 2024.
Sections Cited
Section 91 of the Finance (No.2) Act, 2024
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, SURAT BENCH, SURAT
Before: SHRI SIDDHARTHA NAUTIYAL & SHRI BIJAYANANDA PRUSETH
IN THE INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT BEFORE SHRI SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER & SHRI BIJAYANANDA PRUSETH, ACCOUNTANT MEMBER (Assessment Years: 2013-14 & 2014-15) Gokul Builders, Vs. Income Tax Officer, City Square, Nr. Lunci Quail, Ward-2, Navsari, Gujarat-396445 Navsari [PAN No.AAJFG7317F] (Appellant) .. (Respondent) Appellant by : Ms. Astha Maniar, A.R. Respondent by: Shri Mukesh Jain, Sr. DR Date of Hearing 27.02.2025 Date of Pronouncement 07.03.2025 O R D E R PER SIDDHARTHA NAUTIYAL - JUDICIAL MEMBER:
Both appeals have been filed by the Assessee against the order passed by the Ld. Commissioner of Income Tax(Appeals), (in short “Ld. CIT(A)”), National Faceless Appeal Centre (in short “NFAC”), Delhi vide orders dated 11.07.2024 passed for A.Ys. 2013-14 & 2014-15.
At the outset, the Counsel for the assessee vide his letter dated 03.02.2025 submitted before us that the assessee want to withdraw the present appeal since it has opted to avail benefit of Vivad se Vishwas Scheme, 2024 and in his submission, the assessee has also enclosed copies of Form No. 1 issued by the Pr. CIT of Income Tax, approving the application filed by the assessee under the Vivad se Vishwas Scheme, 2024.
&799/Srt/2024 Gokul Builders vs. ITO Asst.Years –2013-14 & 2014-15 - 2–
The Ld. Departmental Representative for the Revenue stated that he has no objection to withdrawal of the present appeals, in the circumstances narrated on behalf of the assessee.
We have considered the application of the assessee for withdrawal of the appeal on the ground that their application has been approved under Vivad se Vishwas Scheme, 2024. A reference has been made in sub- Section (1) and undertaking given under sub-Section (4) of Section 91 of the Finance (No.2) Act, 2024 of Direct Tax Vivad se Vishwas Scheme, 2024 for the purpose of withdrawal of appeal. In the light of the provisions made in the Scheme and after considering the material on record, the aforesaid request for withdrawal of appeal of the assessee to avail the VSV Scheme, 2024 are hereby allowed.