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Facts
The assessee filed an appeal against a penalty order and subsequent appellate order. The assessee later opted to settle tax disputes under the Direct Tax Vivad Se Vishwas Scheme, 2024. The assessee submitted a declaration and received a certificate under the scheme.
Held
The assessee's counsel filed an application to withdraw the appeal as the assessee had opted for the Direct Tax Vivad Se Vishwas Scheme, 2024. The Department had no objection to the withdrawal.
Key Issues
Whether the appeal can be dismissed as withdrawn due to the assessee opting for the Direct Tax Vivad Se Vishwas Scheme, 2024.
Sections Cited
271B, 90, 92
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, AGRABENCH, AGRA
Before: SHRI RAMIT KOCHAR & SHRI SUDHIR KUMAR
ORDER PER RAMIT KOCHAR, Accountant Member:
2020-21 has arisen from the appellate order dated04.04.2024[DIN & Order No. ITBA/NFAC/S/250/2024-25/1063907292(1)], passed by learned Commissioner of Income-tax (Appeals), NFAC, Delhi, which, in turn, has arisen from the penalty order dated 16.03.2023passed by Assessing Officer u/s. 271B of the Income-tax Act, 1961(DIN No. ITBA/PNL/F/271B/2022-23/1050834722(1)).
The learned counsel for the assessee Shri Murli Manohar Agrawal, FCAhas filed an application before the Bench accompanied with Form No. 2 dated 08.11.2024 issued by ld. PCIT, Agra , wherein in the application filed before the Bench it is stated that the assessee has opted to settle tax dispute under Direct Tax Vivad Se Vishwas Scheme, 2024, and has duly filed declaration in Form No. 1 u/s 90 of the Finance(No.2)
Act, 2024 with the Department vide Acknowledgment No. 590752310081024 dated 08.10.2024. It was submitted that the department has issued Form No. 2 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) bearing number 686479831081124 dated 08.11.2024 issued by ld. PCIT, Agra. The said Form No. 2 is placed on record by ld. Counsel for the assessee. Prayers were made by ld. Counsel for the assessee vide written application that in view thereof the assessee wants to withdraw its appeal in for assessment year 2020-21.
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 DR submitted that the Department has no objection if the appeal of the assessee is allowed to be withdrawn.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 ld. Sr. DR and perusing the material on record, we for the assessment year 2020-21 being withdrawn by the assessee on the ground that the assessee has availed The Direct Tax Vivad Se Vishwas Scheme, 2024, as stated by ld. Counsel for the assessee vide written application filed before the Bench , 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 08.11.2024 issued by learned Principal CIT, Agra bearing acknowledgement number 686479831081124 is placed on record by ld. counsel for the assessee vide application filed before the Bench requesting for withdrawal of the aforesaid appeal. We order accordingly. assessment year 2020-21stands dismissed as being withdrawn as detailed above. Order pronounced in the open court on 28/01/2025. Sd/- Sd/- SUDHIR KUMAR (RAMIT KOCHAR) JUDICIAL MEMBER ACCOUNTANT MEMBER