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Facts
The assessee filed an appeal for assessment year 2010-11. During the hearing, it was requested that the appeal be withdrawn as the assessee opted for the Vivad Se Viswas Scheme-2024 and received a certificate. The respondent had no objection.
Held
The Tribunal noted that the assessee had opted for the Vivad Se Viswas Scheme and had been issued a certificate. The respondent did not object to the withdrawal of the appeal. The Tribunal granted permission for the withdrawal.
Key Issues
Whether the assessee should be permitted to withdraw the appeal due to opting for the Vivad Se Viswas Scheme.
Sections Cited
Vivad Se Viswas Scheme-2024
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Income Tax Appellate Tribunal, JABALPUR BENCH “SMC”, JABALPUR
Before: SHRI ANADEE NATH MISSHRA
(A) This appeal vide has been filed by the assessee for assessment year 2010-11 against impugned appellate order dated 30/07/2024 (DIN & Order No.ITBA/NFAC/S/250/2024- 25/1067156570(1) of Commissioner of Income Tax (Appeals) [“CIT(A)” for short].
(B) During the course of hearing, it was requested by learned Counsel for the assessee that since the assessee has opted for Vivad Se Viswas Scheme- 2024 “(VSVS” for short) and designated authority has issued certificate in Form No. 1 on 26th December 2024, the assessee may be permitted to withdraw the present appeal. Copy of Form No. 1 was also enclosed. Learned D.R. expressed no objection. In view of the foregoing, the appeal of the assessee is dismissed as withdrawn on account of assessee opting for VSVS.
(C) By way of abundant caution, we clarify that assessee will be at liberty to approach Income Tax Appellate Tribunal for restoration of appeal if it is found that the issue in dispute in present appeal is not settled under aforesaid VSVS.
(D) In the result, the appeal of the assessee is dismissed as withdrawn.
(Order pronounced in the open court on 21/08/2025)