Loading judgment…
Facts
The assessee appealed against an assessment order passed under sections 143(3) read with 147 of the Income Tax Act, 1961. Subsequently, the assessee applied for settlement under the Direct Tax Vivad Se Vishwas Scheme, 2025, and requested to withdraw the appeal, a request to which the Departmental Representative did not object.
Held
The Tribunal considered the assessee's request, noting the receipt of Form No. 2 under the Vivad se Vishwas Scheme, and the lack of objection from the DR. Consequently, the Tribunal permitted the assessee to withdraw its appeal.
Key Issues
Whether the assessee should be permitted to withdraw its appeal before the Tribunal, having opted for settlement under the Direct Tax Vivad Se Vishwas Scheme, 2025.
Sections Cited
143(3), 147
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT
Before: DR. ARJUN LAL SAINI, AM
आदेश /O R D E R
PER DINESH MOHAN SINHA, JM:
Captioned appeal filed by the assessee is directed against the order passed by the National Faceless Appeal Centre [(in short “NFAC/Ld. CIT(A)”] vide order dated 15.07.2024, which in turn assessment order passed by Assessment Unit, Income Tax Department / Assessing Officer under section 143(3) r.w.s. 147 of the Income Tax Act, 1961 (in short “the Act”), vide order dated 29.01.2024.
At the outset itself, Shri Chetan Agarwal, Learned Counsel for the assessee, submitted before the Bench that assessee has applied for settlement of dispute under the scheme of the “Direct Tax Vivad Se Vishwas Scheme, 2025”. That the assessee prayed for withdrawal of the appeal from this Tribunal to which, the learned Departmental Representative (DR) did not raise any objection.
That the assessee has received Form No. 2 (Vide Acknowledgement No. 858083461030225) under rule 5 of the under Direct Tax Vivad se Vishwas Scheme, 2024 (Dispute Settled) issued by Revenue Department. (Copy of order Form No. 2 is placed on record.)
We have heard both the parties and gone through the request of the assessee for withdraw the appeal. We permit the assessee for withdraw the appeal.