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Facts
The assessee, H S Oberoi Buildtech Pvt.Ltd., filed an appeal before the Income Tax Appellate Tribunal against the Ld. CIT(A)'s order dated 14.08.2024, which stemmed from an assessment order passed under sections 143(3) r.w.s 144B of the Income Tax Act for the assessment year 2018-19. During the proceedings, the assessee sought to withdraw the appeal, having opted for 'The Direct Tax Vivad Se Vishwas (DTVSV) Scheme, 2024,' a request to which the Revenue had no objection.
Held
The Tribunal dismissed the appeal as withdrawn, acknowledging the assessee's intention to opt for the 'The Direct Tax Vivad Se Vishwas (DTVSV) Scheme, 2024'. It was further held that if the assessee fails to avail the DTVSV Scheme for bona fide reasons, they retain the liberty to seek restoration of the original appeal for hearing before the ITAT.
Key Issues
Whether the Income Tax Appellate Tribunal appeal should be dismissed as withdrawn when the assessee opts for the Direct Tax Vivad Se Vishwas Scheme, 2024.
Sections Cited
Section 250 of the Income Tax Act, 1961, Section 143(3) of the Income Tax Act, 1961, Section 144B of the Income Tax Act, 1961
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI “B” BENCH: NEW DELHI
Before: SHRI MAHAVIR SINGH & SHRI PRADIP KUMAR KEDIA
Year : 2018-19] H S Oberoi Buildtech Pvt.Ltd. vs NFAC, 365, First Floor, Sultanpur, Delhi Mehrauli, New Delhi-110030. PAN-AABCH5299N APPELLANT RESPONDENT Appellant by An application for withdrawal Respondent by Ms. Harpreet Kaur Hansra, Sr. DR Date of Hearing 20.12.2024 Date of Pronouncement 20.12.2024 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 14.08.2024 passed by Ld. Commissioner of Income Tax(A), National Faceless Appeal Centre (“NFAC”), Delhi [“Ld.CIT(A)”] u/s 250 of the Income Tax Act, 1961 [“the Act”] arising from the assessment order dated 22.04.2021 passed u/s 143(3) r.w.s 144B of the Act pertaining to assessment year 2018-19.
When the matter was called for hearing, no one attended the proceedings on behalf of the assessee. An application dated 13.12.2024 is placed on record that as per the instruction of the client, the assessee is opting for the ongoing “The Direct Tax Vivad Se Vishwas (DTVSV) Scheme, 2024”. It is submitted that the assessee does not seek to pursue the said appeal owing to exercise of option for availing DTVSV Scheme and consequently requested that the written application for withdrawal of appeal may please be granted.
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.