H S OBEROI BUILDTECH PRIVATE LIMITED,DELHI vs. NFAC, DELHI

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.