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Facts
The assessee, Smt. Sudeshna Devi, filed an appeal against the Commissioner of Income Tax (Appeals)'s order for the assessment year 2010-11. The assessee's counsel informed the Tribunal that the assessee opted to settle the dispute under the VSVS 2024 scheme and sought to withdraw the appeal, having filed Form No. 1 and awaiting Form No. 2.
Held
The Tribunal allowed the assessee to withdraw the appeal. It further granted liberty for the assessee to revive the appeal if the VSVS application fails to mature, with a clear instruction that no condonation of delay application would be insisted upon for recalling the order if delayed due to communication of the VSVS outcome.
Key Issues
Whether an appeal can be withdrawn by an assessee opting for settlement under the VSVS scheme, and the conditions for its potential revival.
Sections Cited
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Income Tax Appellate Tribunal, DELHI BENCH “SMC”, DELHI
(A.Y.2010-11) Smt. Sudeshna Devi, C/o Prem Prakash, 183/2 North Civil Lines, Muzaffarnagar, Uttar Pradesh-251001 ...... अपीलाथ�/Appellant PAN: GTMPS-4972-N बनाम Vs. Income Tax Officer, ..... �ितवादी/Respondent Ward 1(5), Shamli, Uttar Pradesh अपीलाथ� �ारा/ Appellant by : Shri Gaurav Sachdeva, Chartered Accountant �ितवादी�ारा/Respondent by : Shri Rajesh Tiwari, Sr. DR सुनवाई क� ितिथ/ Date of hearing : 12/12/2024 घोषणा क� ितिथ/ Date of pronouncement : : 12/12/2024 आदेश/ORDER
PER VIKAS AWASTHY, JM:
This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals), Muzaffarnagar (hereinafter referred to as 'the CIT(A)') dated 22.11.2017, for assessment year 2010-11.
The counsel for the assessee stated at Bar that the assessee has opted to settle the issue in appeal under VSVS 2024. He placed on record copy of Form No. 1 filed under the scheme and submitted that Form No. 2 from the Department is awaited. He prayed for withdrawing the appeal.
The assessee is allowed to withdraw the appeal as prayed for.
(AY 2010-11) 4. Liberty is granted to the assessee to revive the appeal in the event application filed by the assessee under VSVS fails to mature. It is further made clear that if the assessee /appellant seeks to restore the appeal in the event assessee’s declaration made under VSVS is not accepted, the Registry shall not insist for filing of application for condonation of delay, if the Miscellaneous Application for recalling the order is filed beyond time on account of delay in communication of outcome under VSVS. [Re. M/s. Nannusamy Mohan(HUF) vs. ACIT in T.C.A No.372 of 2020 decided on 16/10/2020 by Hon’ble Madras High Court].