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Facts
The assessee company filed an appeal for assessment year 2017-18. Subsequently, the assessee applied for withdrawal of the appeal, stating they had availed the Direct Tax Vivad Se Vishwas Scheme, 2024, and submitted the relevant Form No. 2 and challan for payment.
Held
The Tribunal noted that the assessee had availed the Direct Tax Vivad Se Vishwas Scheme, 2024, and had applied for withdrawal of the appeal. The Department had no objection to the withdrawal.
Key Issues
Whether the appeal can be withdrawn by the assessee on the ground of availing the Direct Tax Vivad Se Vishwas Scheme, 2024.
Sections Cited
Section 143(3) of the Income-tax Act, 1961, Section 92 of the Finance (No.2) Act, 2024
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, AGRABENCH, AGRA
Before: SHRI RAMIT KOCHAR & SHRI SUDHIR KUMAR
PER RAMIT KOCHAR, Accountant Member:
This appeal in for the assessment year 2017-18 has arisen from the appellate order dated23.06.2022passed by learned Commissioner of Income-tax (Appeals), NFAC, Delhi in appeal No. CIT(Appeals) 1 Agra/10594/2019-20, which, in turn, has arisen from the assessment order dated 27.12.2019 passed by Assessing Officer u/s. 143(3) of the Income-tax Act, 1961.
The Director of the assessee company Shri Anshul Agarwal has filed an application with ITAT, Agra Bench, Agra on 10.01.2025 (inward Dak No. 2067)(placed on record in file) stating that the assessee has availed Direct Tax Vivad Se Vishwas Scheme, 2024, and has duly filedDeclaration in Form No. 1 with the Department vide Acknowledgment No. 758408610181224 dated 18.12.2024. It was submitted that the department has issued Form No. 2bearing DIN/acknowledgment number 790744031301224dated 30.12.2024 issued by ld PCIT-1, Agra ,under Rule 5 being Certificate under Sub- Section (1) of Section 92 of the Finance(No.2) Act, 2024(under the Direct Tax Vivad Se Vishwas Scheme, 2024). The said Form No. 2 is placed on record by the assessee. The assessee has also stated that even tax demanded under VSVS , 2024 scheme vide aforesaid Form no. 2 to the tune of Rs. 36,19,163/- was also deposited by the assesee vide CIN no. 25010900072957CNRB with Canara Bank vide Reference number 352509012500147985 - BSR Code 0240020- Challan No. 02228, dated 09.01.2025 . The said challan is also enclosed by the assessee with its application for withdrawal of appeal, which is placed on record in file. Prayers are made by the assessee vide aforesaid written application that in view thereof the assessee wants to withdraw its appeal in 2017-18.
On being asked by the Bench, learned Sr. DR submitted that the Department has no objection if the appeal of the assessee is allowed to be withdrawn.
After hearing both the parties and perusing the material on record, we hereby dismiss the appeal filed by the assessee in for the assessment year 2017-18 being withdrawn by the assessee on the ground that the assessee has availed The Direct Tax Vivad Se Vishwas Scheme, 2024, as stated by the assessee before the Bench vide its written application dated 10.01.2025 wherein Certificate in Form No. 2 (Under Rule-5) being certificate under Sub-section (1) of section 92 of Finance(No. 2) Act, 2024 under the Direct Tax Vivad Se Vishwas Scheme, 2024, dated 30.12.2024 issued by learned Principal CIT-1, Agra along with paid challandated 09.01.2025 is placed on record by the assessee vide application dated 10.01.2025, requesting for withdrawal of the aforesaid appeal. We order accordingly.
In the result, appeal of the assesseein for assessment year 2017-18 stands dismissed as being withdrawn as detailed above.
Order pronounced in the open court on 28.01.2025.