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Facts
The assessee filed an appeal for Assessment Year 2019-20. Subsequently, the assessee opted for the Vivad Se Vishwas Scheme 2024 (DTVSV 2024), filed Form 1, and requested to withdraw the appeal. The withdrawal request included a condition that the appeal could be restored if the dispute was not settled under the scheme.
Held
The Tribunal dismissed the appeal as withdrawn, noting that the Senior DR had no objection to the request or the caveat. It held that if the tax arrears dispute is not ultimately resolved under the DTVSV Act, the assessee is at liberty to approach the Tribunal for reinstitution of the appeal, and such application will be considered appropriately.
Key Issues
Whether an appeal can be dismissed as withdrawn subject to a caveat allowing its reinstitution if the dispute is not resolved under the Vivad Se Vishwas Scheme.
Sections Cited
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Income Tax Appellate Tribunal, DELHI BENCH ‘FRIDAY-B’’ : NEW DELHI
Asstt. Year : 2019-20 M/s Electrotek Static Controls vs. DCIT, Circle-7(1), Pvt. Ltd., New Delhi B-71/72, Madhu Complex Ground Floor, Badarpur Extension, 40 Ft. Road, Badarpur Border, New Delhi - 44 (PAN: AABCE9510H) (Appellant) (Respondent) Appellant by : Sh. Anil Jain, CA & Sh. Sarveshwar Singh. Adv. Respondent by : Sh. Rajesh Kumar Dhanesta, Sr. DR. Date of Hearing 13.12.2024 Date of Pronouncement 13.12.2024 ORDER PER MAHAVIR SINGH, VP The appeal by the assessee is directed against the order of the Addl. / JCIT(A)-1, Bengaluru dated 29.11.2023 pertaining to Assessment year 2019-20.
When the appellant’s Application for Early hearing was called out, it was submitted by the ld. AR for the assesse that assesse wishes to withdraw the appeal filed by him as he has opted for Vivad Se Vishwas Scheme 2024 (DTVSV 2024) relating to assessment year 2019-
In this behalf, assessee has also filed Form 1 DTVSV 2024. Hence, he requested that the appeal may be treated as dismissed being withdrawn with the condition that if somehow dispute is not settled by the Revenue, the assesse should be entitled to get the said appeal restored. 3. Learned Senior DR has no objection. 4. Considering the aforesaid factual matrix, the captioned appeal is consigned to records and treated ‘dismissed’ as withdrawn. 5. However, the aforesaid is subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforestated Act, the appellant (i.e., the assessee) shall be at liberty to approach the Tribunal for reinstitution of the appeal and the Tribunal shall consider such application appropriately as per law. The respondent (i.e., the Revenue) has no objection with regard to the aforesaid caveat. Order pronounced in the Open Court on 13.12.2024.