Loading judgment…
Facts
The Revenue filed an appeal against the CIT(A)'s order dated 04.09.2018, which arose from an assessment order passed u/s 143(3) for AY 2014-15. During the hearing, the assessee's counsel stated that the assessee opted for "The Direct Tax Vivad Se Vishwas (DTVSV) Scheme, 2024" and requested to withdraw the appeal, a request conceded by the Revenue's Senior DR.
Held
The Tribunal dismissed the Revenue's appeal as withdrawn based on the assessee's request to opt for the DTVSV Scheme. It was further held that if the assessee fails to avail the scheme's benefits for any reason, the Revenue shall have the liberty to seek restoration of the original appeal for hearing.
Key Issues
Withdrawal of the Revenue's appeal by the assessee opting for the Direct Tax Vivad Se Vishwas Scheme, 2024, with a provision for appeal restoration if the scheme benefit is not availed.
Sections Cited
Section 250(6) of the Income Tax Act, 1961, Section 143(3) of the Income Tax Act, 1961
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI “F” BENCH: NEW DELHI
Before: SHRI PRADIP KUMAR KEDIA & SHRI VIMAL KUMAR
Year : 2014-15] DCIT vs Ranjitgarh Finance Co.P.Ltd. Circle-21(1) LP-11 C Pitampura New Delhi. New Delhi-110034. PAN-AABCR8108C APPELLANT RESPONDENT Appellant by Ms. Harpreet Kaur Hansra, Sr. DR Respondent by Shri Mukesh Sukhija, Adv. Date of Hearing 19.12.2024 Date of Pronouncement 19.12.2024 ORDER
PER PRADIP KUMAR KEDIA, AM :
The instant appeal has been filed at the instance of the Revenue seeking to assail the First Appellate order dated 04.09.2018 passed by Ld. Commissioner of Income Tax(A)-7, New Delhi [“Ld.Pr. CIT”] u/s 250(6) of the Income Tax Act, 1961 [“the Act”] arising from the assessment order dated 30.12.2016 passed u/s 143(3) of the Act pertaining to assessment year 2014- 15.
When the matter was called for hearing, the Ld. Counsel for the assessee submitted that as per the instruction of the client, the assessee is opting for the ongoing “The Direct Tax Vivad Se Vishwas (DTVSV) Scheme, 2024”. The learned Counsel thus 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 fairly conceded the application of the assessee.
Satish Chandra vs ACIT 4. In the light of oral/written request made on behalf of the assessee, the captioned appeal is deemed to be dismissed as withdrawn. However, in the event, the assessee fails to avail the benefit of DTVSV Scheme for any reasons, then the Revenue concerned shall be at liberty to seek restoration of original appeal for hearing before ITAT in accordance with law.