UTTAM KUMAR JAIN,BANSWARA vs. ITO WD-1,, CHITTOR
Facts
The assessee filed an appeal against the NFAC order for Assessment Year 2015-16. Subsequently, the assessee requested to withdraw the appeal, having opted to settle the dispute under the Direct Taxes Vivad Se Vishwas Scheme, 2024 (DTVSVS 2024) and furnished relevant declarations (Form 2 and acknowledgement), seeking liberty to revive the appeal if the scheme's benefit was not availed.
Held
The Tribunal dismissed the appeal as withdrawn, noting that the Revenue had no objection to the withdrawal. The assessee was granted liberty to revive the appeal if they failed to avail the benefits of the DTVSVS Scheme, 2024, thus ensuring no prejudice to either party.
Key Issues
Whether an appeal can be dismissed as withdrawn with liberty to revive, following the assessee's decision to settle the dispute under the Direct Taxes Vivad Se Vishwas Scheme, 2024.
Sections Cited
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Income Tax Appellate Tribunal, JODHPUR BENCH (Virtual
Before: DR. MITHA LAL MEENA, HONBLE & SHRI UDAYAN DAS GUPTA, HONBLE
This appeal by the assessee is directed against the order of the National Faceless Appeal Centre, Delhi (hereinafter referred to "the NFAC"] dated 28.11.2022 in respect of Assessment Year 2015-16. 3. None appeared for the appellant assessee. However, the appellant vide its application dated 31/01/2025 filed on 14/02/2025 in respect of assessment year from 15-16 had requested to withdraw the instant appeal stating therein that it has opted to settle the matter under the Direct Taxes Vivaad Se Vishwas Scheme, 2024. 4. On perusal of the aforesaid application, it is evident that the assessee has opted for benefit under Direct Tax Vivad Se Viswas scheme 2024 to settle the disputed demand. The assesse has furnished copies of Form 2 regarding declaration under DTVSVS 2024, and Acknowledgement by designated authority. Accordingly, the appellant has made a request to withdraw the captioned appeal with a liberty to revive the appeal if it failed in availing the benefit of the scheme.
On the other hand, the Id. DR has no objection to the assessee's request for withdrawal of this appeal.
Admittedly, the appellant assessee has opted for benefit under Direct Tax Vivad Se Viswas scheme 2024 to settle the disputed demand as evident from the copies of Form 2 to the effect of declaration made under DTVSVS 2024 and Acknowledgement by designated authority. Although, the issue of dispute would be finally settled on issue of Form 4, a mere office formality. At this stage, the withdrawal of appeal by the assessee with the liberty of right to revive would not cause any prejudice to the revenue and further the Ld. DR has no objection to the request of the assessee.
Under these set of facts, the instant appeal of the assessee would be liable to be dismissed as withdrawn. However, assessee has been allowed a liberty to revive the appeal if it failed in availing the benefit of the DTVSVS scheme, 2024. 6. In the result, the appeal in ITA Nos. ITA No. 19/Jodh/2023 of the assessee in respect of the Assessment Year 2015-16 is dismissed as withdrawn. Order pronounced on....1.9.. / 03 /2025 under Rule 34(4) of Income Tax (Appellate Tribunal) Rules 1963. ru Dated:. : 19/03/2025 Copies to : (1) The appellant. (2) The respondent. (3) CIT (4) CIT(A) (5) Departmental Representative (6) Guard File A V By Oder