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Facts
The assessee filed an appeal against the order of the Ld. CIT(A) for Assessment Year 2004-05. During the hearing, the assessee's AR informed the Tribunal about filing an application for dispute settlement under the Vivad Se Vishwas Scheme 2024 (DTVSV 2024) and requested to withdraw the appeal, with the condition to reinstate it if the DTVSV application was rejected.
Held
The Tribunal, considering the assessee's DTVSV application and the Revenue's lack of objection, allowed the appeal to be dismissed as withdrawn. A caveat was added, permitting the assessee to apply for reinstitution of the appeal if the dispute under the DTVSV 2024 is not ultimately resolved, to which the Revenue also had no objection.
Key Issues
Whether the appeal should be dismissed as withdrawn given the assessee's application under the Vivad Se Vishwas Scheme 2024, with the liberty to reinstate if the settlement fails.
Sections Cited
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Income Tax Appellate Tribunal, DELHI BENCH ‘FRIDAY-G’’ : NEW DELHI
The appeal by the assessee is directed against the order of the Ld. CIT(A), NFAC dated 13.12.2023 pertaining to Assessment year 2004-05.
When the appellant’s Application for Special Constitution was called out, nobody attended on behalf of the assessee. However, on perusal of the records, it is noted that assessee’s AR, Shri Pranshu Goel, has already filed an application in the Registry on 06.12.2024, which has been placed on record before us during the time of hearing. On perusal of the same, it is noted that there is a contention of the Ld. AR that assesse has filed an application for settlement of dispute under the Vivad Se Vishwas Scheme 2024 (DTVSV 2024). In this behalf, assessee has filed Form 1 DTVSV 2024 and Form 2 has been issued by the Pr. CIT. Hence, it was prayed in the aforesaid application of the Ld. AR that assesee may be permitted to withdraw the appeal, subject to liberty to reinstate the appeal in case, for any reason, the application filed under VSVS, 2024 is not accepted by the Revenue.
Learned Senior DR has no objection.
Considering the aforesaid factual matrix, the captioned appeal is consigned to records and treated ‘dismissed’ as withdrawn.
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.
In view of the aforesaid, the appeal is consigned to record and, for statistical purposes, is treated as dismissed. Order pronounced in the Open Court on 13.12.2024.