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Facts
The assessee filed an appeal against the First Appellate order dated 29.06.2010, arising from an assessment order under section 143(3) read with 144C of the Income Tax Act, 1961, for AY 2006-07. During the hearing, the assessee submitted that they had filed a declaration under "The Direct Tax Vivad Se Vishwas (DTVSV) Scheme, 2024" and sought to withdraw the appeal.
Held
The Tribunal dismissed the appeal as withdrawn due to the assessee's application under the DTVSV Scheme. It granted the assessee liberty to seek restoration of the appeal for hearing if they fail to avail the DTVSV Scheme benefits for bona fide reasons.
Key Issues
Whether an appeal should be withdrawn by the assessee who has applied under "The Direct Tax Vivad Se Vishwas (DTVSV) Scheme, 2024", and the conditions for such withdrawal.
Sections Cited
Section 143(3) of the Income Tax Act, 1961, Section 144C of the Income Tax Act, 1961
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Income Tax Appellate Tribunal, DELHI “I” BENCH: NEW DELHI
Before: SHRI MAHAVIR SINGH & SHRI PRADIP KUMAR KEDIA
ORDER
PER PRADIP KUMAR KEDIA, AM :
The instant appeal has been filed at the instance of the assessee seeking to assail the First Appellate order dated 29.06.2010 passed by Ld. Commissioner of Income Tax(A)-XX, New Delhi [“Ld.CIT(A)”] arising from the assessment order dated 06.09.2010 passed u/s 143(3) r.w.s. 144C of the Income Tax Act, 1961 [“the Act”] pertaining to assessment year 2006-07.
When the matter was called for hearing, the Ld. Counsel for the assessee referred to letter dated 03.12.2024 and submitted that the assessee has filed declaration in Form 1 in order to avail “The Direct Tax Vivad Se Vishwas (DTVSV) Scheme, 2024”. Form 2 has also been issued by the Income Tax Department. The Ld. Counsel of the assessee thus sought withdrawal of the captioned appeal.
The Ld. Sr. DR for the Revenue stated that she has no objection to withdraw the appeal as sought on behalf of the assessee.
In the light of oral/written request made on behalf of the assessee, the captioned appeal is dismissed. However, in the event, the assessee fails to avail the benefit of DTVSV Scheme for any bonafide reasons, then the assessee concerned shall be at liberty to seek restoration of original appeal for hearing before ITAT in accordance with law.