SURJA DEVI,PRATAPGARH vs. NFAC CARE OF INCOME TAX OFFICER PRATAPGARH NEW LUCKNOW, INCOME TAX OFFICE PRATAPGARH LUCKNOW

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ITA 5/ALLD/2024Status: DisposedITAT Allahabad20 May 2025AY 2014-15Bench: SHRI ANADEE NATH MISSHRA (Accountant Member), SHRI SUBHASH MALGURIA (Judicial Member)2 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the assessee's appeal as withdrawn, acknowledging that the assessee had opted for the VSVS. It was clarified that the assessee retains the liberty to seek restoration of the appeal if the issue in dispute is ultimately found not to be settled under the VSVS.

What were the facts?

The assessee filed an appeal for Assessment Year 2014-15 against an order from the Commissioner of Income Tax (Appeals). During the hearing, the assessee requested to withdraw the appeal, stating that they had opted for the Vivad Se Viswas Scheme-2024 (VSVS) and the matter was settled, with Form 4 awaited from the designated authority. The Learned D.R. expressed no objection to the withdrawal.

What were the issues?

Whether an appeal can be dismissed as withdrawn based on the assessee's election for the Vivad Se Viswas Scheme, and the conditions for potential restoration of such an appeal.

Which sections of the Income-tax Act were involved?

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ALLAHABAD BENCH ‘SMC’, ALLAHABAD

Before: SHRI ANADEE NATH MISSHRA & SHRI SUBHASH MALGURIA

2014-15 against impugned appellate order dated 21/09/2023 (DIN & Order No.ITBA/NFAC/S/250/2023-24/1056361599(1) of Commissioner of Income Tax (Appeals) [“CIT(A)” for short].

(B) During the course of hearing, it was noticed that the assessee has submitted an application dated 12/05/2025 requesting the Bench that since the assessee has opted for Vivad Se Viswas Scheme-2024 “(VSVS” for short) and the matter has been finally settled and the prescribed Form 4 is awaited from the designated authority, the assessee may be permitted to withdraw the present appeal. Learned D.R. expressed no objection. In view of the foregoing, the appeal of the assessee is dismissed as withdrawn on account of assessee opting for VSVS.

(C) By way of abundant caution, we clarify that assessee will be at liberty to approach Income Tax Appellate Tribunal for restoration of appeal if it is found that the issue in dispute in present appeal is not settled under aforesaid VSVS.

(D) In the result, the appeal of the assessee is dismissed as withdrawn.

(Order pronounced in the open court on 20/05/2025)

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