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Facts
The assessee, Saket Agrawal, filed an appeal against an order of the Commissioner of Income-Tax (Appeals) for the assessment year 2013-14, which originated from an AO order under sections 147 r.w.s. 144B of the Income-tax Act. During the appeal proceedings, the assessee opted for the Vivad Se Vishwas Scheme, 2024 (VSVS 2024) and submitted "Form-1" seeking to withdraw the appeal.
Held
The Tribunal permitted the assessee to withdraw the appeal, resulting in its dismissal as withdrawn. However, the Tribunal also granted liberty to the assessee to seek restoration of the appeal if the "Form 4" for full and final settlement under the VSVS 2024 is not subsequently passed by the designated authority.
Key Issues
Whether the assessee's appeal should be allowed to be withdrawn as they have opted for the Vivad Se Vishwas Scheme, 2024.
Sections Cited
Section 147 of the Income-tax Act, 1961, Section 144B of the Income-tax Act, 1961, Vivad Se Vishwas Scheme, 2024, Rule 4 of Direct Tax Vivad Se Viswas 2024
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Income Tax Appellate Tribunal, RAIPUR BENCH “SMC”, RAIPUR
Before: SHRI RAVISH SOOD
आदेश / ORDER
PER RAVISH SOOD, JM:
The present appeal filed by the assessee is directed against the order passed by the Commissioner of Income-Tax (Appeals), National Faceless Appeal Center (NFAC), Delhi, dated 22.11.2024, which in turn arises from the order passed by the A.O under Sec. 147 r.w.s.144B of the Income-tax Act, 1961 (in short ‘the Act’) dated 22.09.2021 for the assessment year 2013-14.
Shri Shubham Agrawal, Ld. Authorized Representative (for short ‘AR’) for the assessee, at the threshold, submitted that as the assessee has opted for Vivad Se Vishwas Scheme, 2024 (VSVS 2024) in order to settle the dispute involved in the captioned appeal, therefore, as per instruction he seeks to withdraw the captioned appeal. The Ld. AR in order to buttress his aforesaid claim has placed on record “Form-1” filed by the assessee appellant as per Rule 4 of the Direct Tax Vivad Se Viswas 2024 (DTVSV 2024) for the captioned appeal.
Smt. Anubhaa Tah Goel, Ld. Sr. Departmental Representatives ( for short ‘DR’) did not raise any objection to the seeking of the withdrawal of the captioned appeal by the assesse appellant.
Considering the aforesaid factual position, I herein permit the assessee to withdraw the captioned appeal. Before parting, I may herein mention that in case the order for full and final settlement of tax arrears in “Form 4” is not passed by the designated authority, then the appeal filed by the assessee shall be at a liberty to seek restoration of his appeal.
Resultantly, the appeal filed by the assesse is dismissed as withdrawn in terms of the aforesaid observations.