Facts
The assessee availed the Direct Tax Vivad Se Vishwas Scheme, 2024, and filed a declaration in Form No. 1. The Department issued Form No. 2, a certificate under Section 92 of the Finance Act, 2024, in relation to the scheme. The assessee then sought to withdraw the appeal.
Held
The assessee's counsel requested to withdraw the appeal, stating that the assessee has opted for the Direct Tax Vivad Se Vishwas Scheme. The Department has no objection to the withdrawal.
Key Issues
Whether the appeal can be withdrawn by the assessee consequent to availing the Direct Tax Vivad Se Vishwas Scheme.
Sections Cited
147, 143(3), 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
ORDER PER RAMIT KOCHAR, Accountant Member:
18 has arisen from the appellate order dated08.12.2023 [DIN & Order No. ITBA/NFAC/S/250/2023-24/1058602603(1)], passed by learned Commissioner of Income-tax (Appeals), NFAC, Delhi, which, in turn, has arisen from the assessment order dated 04.12.2019 passed by Assessing Officer u/s. 147 r.w.s. 143(3) of the Income-tax Act, 1961.
At the outset, learned counsel for the assessee submitted that the assessee has availed Direct Tax Vivad Se Vishwas Scheme, 2024, and has duly filed declaration in Form No. 1 with the Department vide Acknowledgment No. 742208610051224 dated 05.12.2024. It was submitted that the department has issued Form No. 2bearing DIN/acknowledgment number 788346641301224 dated 30.12.2024 issued by ld PCIT, Gwalior ,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 ld. Counsel for the assessee. Prayers were made by ld. Counsel for the assessee that in view thereof the assessee wants to
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 DR submitted that the Department has no objection if the appeal of the assessee is allowed to be withdrawn.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the material on record, we hereby dismiss the appeal filed by the assessee in for the assessment year 2017-18 being withdrawn by the assessee on the ground that the assessee has availed The Direct Tax Vivad Se Vishwas Scheme, 2024, as stated by ld. Counsel for the assessee before the Bench wherein Certificate in Form No. 2 (Under 2 | P a g e 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, Gwalior is placed on record by ld counsel for the assessee vide application dated 09.01.2025 requesting for withdrawal of the aforesaid appeal. We order accordingly. assessment year 2017-18 stands dismissed as being withdrawn as detailed above.
Order pronounced in the open court on 28/01/2025.